’x ;N_T;iE_H;€§ EOERE 9&‘-C . §T-B£L&52U§ ICEHéT2I§GéR§> M.A.No. 3 1?; /2oo2 APPELLANTS Ramsurat, Son of Late Dhanauram CLAIMANI'S aged about 29 years, Girja Shankar, Son of Late Bhanauram, aged about 3O years, Smt Nanduliya, Wd/o. Late Dhanauram, aged abot'lt 47 years, All are resident o£ village — Shardapur, Police Station — Chalgali, District _ Surguja (Chhattisgarh) . //VERSU_§// RESPONEENT$ NON-APPLI CANTS -e 1) Brijendra, S/o. Shri MunShi 3aw , aged about 41 years, R/o. old bus stand, Ambikapur, Distt. Surguja (Chhattisgarh). S (OWNE R) Kailash, S/o. Beegan Paneri, aged about 44 years, Driver, R/o. Bartikala, Police Stn. Chalgali, Distt. Surguja (C.G.). (DRIVER) The New India Insurance Co.Ltd. Through : The General'Mariager New India Insurance Co.Limited, Building No.87, M.G. Road, Eviumbai. (INSURER) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT FOR THE V ENHANCE ENE OF 'I‘ AMOUNT OF AWARE. 3, 09, 200/- ..02 Appeal valued in sum of Rs. d . I E XLHC 78 “imam Division Bench - HON BLE SHRI FAKHRUDDIN Ag C J —_€._ 31 ‘01 -2005. Shri Ashok KLimar Shukia counsel for the appellants. Shri Ashok Gupta, co 'nsel for respondent No.3/ Insurance. Company. & HON BLE SHRI SUNIL KUMAR SINHA J Heard. This appeal under Sectio 173 of the Motor Vehicle Act, 1988 has been preferred by Ithe appell nts/Claimants for enhancement of the quantum of award passed by the learned Claims Tribunal. In this case, the rash and negligence on the part of the respondents is not in dispute. Learned counsel for the p rties submit that an award of Rs.50,000f- was passed in favour of the ap ellants. However, during the pendency of the present appeal a compromi e has been arrived at by the parties and an additional amount of Rs 70 OO/- has been agreed to be paid to the appellants/claimants A document to this effect has also been fled lt rs also agreed by both the parties that the amount due shall be paid Within a period of two months from todayiand in view of the aforesaid compromise, the appellants do not want to prosecute the appeal. We have gone through e records. 'The enhanced figure worked out on compromise appears to be just and proper. _ln this view of the matter, it is directed that the appellants/claimants shall get total sum of Rs.1,20,000/— as compensation and. therefore. the award passed by the learned iaims Tribunal is modified to the extent “m a ‘ #1 ,- / r7 l