HtGH COURT OF CHHATTISGARH AT BILASPUR ® Single Bench: Hon'bie Shri Justice Difip Raosaheb Deshmukh Misc. Abpeal (Cl No. 915 of 2007 Appellant Claimant Resoondents INNT- Laharann Sahu Son of Shri Motiram Sahu, aged about 54 years, Occupation Buffalo Selter, Resictent of Pahariya, Post Pahariya, Police Station Baloda, District Janjgir- Champa (CG) Mubarak Ali Son of Majid Ali, aged about 40 years, Resident of Jhalamala, Police Stetion Seepat, District Bilaspur (CG) (Driver of offending vehicle bearing Bus No. M.P.26/C-5496) Presently residing at Mudapar Korba, Near Korba Primary School Korba, Police Station Korba, District Korba (CG) Upendra Kumar Son of Shri Lakhan Lal Yadav, aged about 30 years, Resident of Mopka, Police Station Sarkanda, Tahsil and District Bilaspur (CG) (Owner of offending vehicie bearing Bus No.M.P.26/C-6495) The New Inctia Insurance Company Limited. Through: The Branch Manager, Rejendra Nagar Chowk, Bilaspur, Tahsil and District Bilaspur (CG) (Insurer of offending vehfcle bearing Bus No.M.P.28/C-5495) Memo of appeal under Section 173 of the Motor Vehicle Act. 1988 Present Shri Ratnesh Kumar Agarwal, counsel for the appellant/daimant. Shri Ali Asgar, counsel appears and takes notice on behalf of respondent No.S/insurance company. ORAL ORDER (Passed on 10.08.2007) '^;\ ^ - (^ l^. The appeilant is aggrieved by an award dated 07.04.2007 passed by the learned Member Additional Motor Accidents Clalms Tribunal, Biiaspur in Claims Case No. 127 of 2007 whereby compensation of Rs.10,000/- was ^ _ ^ awarded to the claimant in a CQocrof-mjcrry. (2) During the course of arguments, a settiement was arrived at between the parties whereunder the respondent/insurance company agreed to pay a sum of Rs.5,000/- in addition to the compensation already awarded by the M.A.C.T by depositing the same within a period of two months from today. (3) Shri Ratnesh Kumar Agrawal, tearned counsei . for the appeilant/claimant agrees to the settlement. (4) In view of the settlement arrived at between the parties, the award passed by the M.A.C.T is modified and an additionai sum of Rs.5,000/- over and above the sum already awarded by the M.A.C.T is awarded as compensation to the appellant/claimant. After adjusting the compensatSon paid, the respondent No.S/insurance company shall deposit a isum of Rs.5,000/- with the M.A.C.T. within a period oftwo months from today, failing which, it sha!l also be liable to pay interest at tfie rate of 8% per annum from the date of application tiil realization. (5) With the aforesaid direction, the mjsceltaneous appeat stands disposed of. ^^-.- ^^^^%|l^i|||||||jg||^^ L-;f: (6) A copy ofthis ordei- be sentto th®MAC.T. forthwith. The M.A.C.T. shalt on deposit ofcompensation ensure: A. ttiat ttie ctaimanUtappellant Ss noticed about the av^rd and to appear before the M.A.C.T. in person along w h his pass book ofanaccountinanationallzedbank, B. that the pass book of the claimant is accompanied by the photograph and is duly verified by the bank and the same is alsoverifSedbytheM.A^J.beforeissuanceofcheque. C. that a direction is issued to ttie cohcemeri bank not to rele^ee the amount in favour of any person, other tftan ft»e ctaimant unless ordered bythe M.A,C.T. Sd/- Dilip Raosaheb Deshmukh Judge a'r ^