N T‘HIGH COURT OF JUDICATURE AT BILASPUR Li‘ W Emma Bench / MISC. APPEAL N0. ??§ OF 2004 : i MEMORANDUM OF MISC. APPEAL UNDER SECTION/ 173 i E OF MOTOR VEHICLES ACT, 1988 Claim before the Claims Tribunal Claim-awarded by the Tribunal v Rs.6,00,000=00 V, Rs.1,32,000=00 Claim for enhancement of the amount : ' Rs.4,‘00,0‘00=00 of compensation valued in appeal , Lw a r l l I > l u i l I HE y I APPELLANT/ CLAIMANT Pramod Kumar Jaiswal, S/O Radhe Lal, Aged abOut 20 years, Caste Kalar, R/O Village Bakshahj, Tahsil Pali, District ‘ ‘ Korba (C.G.). ‘ Versus ERESPONDENTS/ .‘ /1. Nasir Khan, S/o Babu Khan,Aged INON-CLAIMANTS about 3o years, Driver, R/o t ' Bhanpuriz Raipur (C.G.). f . Neeraj Dubey, S/O B.P. Dubey, \ Registered Truck Owner i MP—23/DA/ 5196, R/O Panchvati Nagar Kapa, Presently R/O Jair ‘Ambey Tyres Shop, Bilaspur Road,Khamtarai. . The Oriental Insurance Company. im‘ited, Raipur Through its Divisional Manager, The Oriental InSurance Company Limited, Opp‘ : High Court, Bilaspur (C.G.). HIGH COURT OF CHHA'ETISGARH : BILASPUR {LGK ADALAT} MESCELLANEOUS APPEAL NO. ?7512004 Pramod Kumar Jaiswal. Apyeliant : Versus ¥ Respondents: Nasir Khan and oihgs. { {Arising out of Claim Case No. 95:2063) \ 24 2-2906 Shri K.K. Jaiswal, counsel for the appei!ant None for respondents No1 & 2. Shri JM. Gairoia, Divisiona} Manager, the Onentai insurance Company Limiied with Shri Sudhir Agrawa§, counsel for respondent No.3. in terms of compromise: award is passed as below:— ) '4 \ \ r l I \ . In addition to compensation already awarded by t‘ne Tribunal, respondent No.3 shall pay Rs.1,01,009/— (Rupees One Lakh One Thousand Only) to the appellant. For disbursement and deposit in FDR, the direction and ratio adopted by the Tribunal. if any, shall foilow. The amouni, if any, kepi in deposit with Bank shail be payable under the orders of Tribunai in accordance With iaw. Appeilant shail be eniitied to receive interest on the amount so deposited. if any. ln View of the above, appeai against respondents No.1 & 2 stands dismissed. Out of the above amount, Rsim OI- (Rupees One thousand Ten Oniy) shali be pa‘id to counsei for the appeilants directiy by the insurance Company towards counsei fee. 7) if the amount awarded is not deposited within a period of one month, the insurance Company shall be iiabie to pay interest at the rate of 9% per annum thereafter. 8) Copy ofthe award s aiibe iven to therties free of co’st. Sd/- ‘ Sd/ V.K. Shrivastava h’lemher " L—0k Ada‘at Judge High C0” Biiaspm‘ / t of Chhattisgarh pa