\b A WV IN THE HIGH COURT OF JUDICATURE AT BILASPUR C.G. oAo N05 - - -/2002 1/ APPELLWS ::1) Ameemuddln S/o $heikh Mohammad aged about 37 years. / Sarlfunnlsha W/o Ameemuddin, age& about 33 years. Both are R/o vxllage Amandon P S. Pratappur, Dlstt $urgu3a (C.Go). §§§W1Wd ‘ I mJ g;A V§Rsus RESPONDENTS z 1) ahm Malendra slngh Babra. 8/0 unknown, NON-APPLICANTS caste Slkh, R/o Dev1gan3 Road Amblkapur, Distt.. Surguga (C G.) ¢OWNER)‘ Mohammad Saleem S/o Mukhtar Mlnya, agea about 31 years R/o Naya Jalgur, Pollce statloa Patan‘Dlstt Palamu. (Bihar). Preseht address ~ Parradand, Police statiom and tahsil Amblkapur, Distt.: Surguja €C.G¢) (DRIVER) The oriental>Insurance Go.Ltd., near S£ate.Bamk, Sadar Road Ambikapur, Distt.: Surguja (C.G.) ‘4" J (INSURER) APPEAL UNDER 3ECTICN 173 OF MOTOR VEHICLE AC 1988 FOR THE WCWENT OF THE AWARD ; 1;, c ¢ . - , ;{ / 31 -01 -2005. Shri Ashok Kumar Shukt , counsel for the appeuams. Shri Ali Asgar. counsel fo /respondent No.3/ insurance Company. Heard. This appeal under Secti n 173 of the Motor Vehicle Act, 1988 has been preferred by the appell Ins/Claimants for enhancement of the quantum of award passed by th learned Clairns Tribunai. 7 In this case, the rash and negligence on the part of the respondents is not in dispute. Learned aounsel for te parties submit that an award of Rs.1 ,00,000l- was passed in fa ur of the appellants. However, during the pendency of the present appeal a compromise has been arrived at by the parties and an additional amou t of Rs.10,000/- has been agreed to be paid to the appellants/claimants A document to this effect has also been tiled. it is also agreed by both fthe parties that the amount due shall be paid within a period of two months from today and in View of the aforesaid compromise the appellants do npt want to prosecute the appeal We have gone through the records The enhanced figure worked out on compromise appears to b just and proper in this View of the matter, it is directed that the appellants/claimants shall get total sum of Rs.1,10,q00/- as compensation and, therefore, the award passed by the teamed éiiaims Tribunai is modified to the extent indicated above ln other words, the appellants would get a sum of awhLwem XI~HC~—78 3aW m W WW M. M o s‘ekk Low. 206 611%W (Wu) am m1m wmm “mmmm W313 7am 11‘wW a: am am: pivjsion $ench : HON’BLE SHRI FAKHRUDDIN‘ Ag; C.J. & HON’BLE SHRI SUNIL KUM R SINHA J XLHC 78 wW Em W M A ”D SéHILD§L WWW m wg mW (Wig) w amm W!mm mm mm W mtri’r mW - 1., $ amm Rs.10.000/- over and above at has been already awarded by the teamed Claims Tribunal. It is m e clear that if the amount due is not paid to the appellants as per the com romise arrived at by the parties within a period ofxtwo months from today, the appellants shall be entitled to charge interest @ 9% per annum fro . the said date till its realization. The direction in relation to apportion ent, if any, given in the award shall also apply to the enhanced amount The appeal stands dispo ed of In terms of compromise arrived at by the parties. We, however, very much appreciate the efforts made by learned counsel for the parties Counsel‘s fee as per rules l Certified cop s per rule l l Sdl- 7 sty— ‘ Sunil Kumar Sinha‘ Fakhruddin 5: 3" Judge suhbt ' Judge