/ (^^ IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR f M.A.NO. ^M / 2003 ^VS r!^ o ^'.l^^ii^ •" ^ \^1' APPELLANTS ^1<-V&W. ^f. i^4.VV< -NftkwLSuiyawanshi, acrp 4H ^CLAIMANTS ^Y^ '^ ^z-\°^ yeaFSrsen-of-SiirTSameIal <>-^T »>e' SHiyawgnshi. ^&f. __..-. ^^ f-y^'(2)^_ Smt. Bahfarin Bai, aged about 40 years, wife of Shri Nakul Surywanshi. ^ ^'l-t.f^V''-^ >^^t^- .J37^'^'' ^-' ••'''•^^ ••-•>* t- > .<^^';e:?' '^".•"' t^-" RESPONJDENTS .BEFENDANTS -1_ Satish Kumar; aged about 10 years, (Minor) SOfc) of Nftkul ^ ' Sriyyawattshi ^through : natural guard'ian Nakyl W'-lfQsW):^ Suryawanehi. '^1.0 e> ^\>')'i^i+A/< d- All are resident of; yillage UeKGhbhatti, ,P.S. :|Seepat, Tah. i Seepat, Distt. Bilaspur (Chhattisgarh). VERSUS 1. Shankar DayalSurywansi i/' aged aboyt21 years, son of Shri Gendram Suryawanshi, resident of village Seller, P.S. and Tah. Seepat, Bilaspur (Chhattisgarh). 2. Lakhanlal Suryawanshi, aged about 50 years, son of Shri Vipatlal Suryawanshi, resident ^of village Uchchbhatti, P.S. and Tah. Seepat, Bilaspur (C.G.) ; Branch.Managqr, the Qriental Insurance Coiripany Lj.raited, Dayalband, Bila]spur^C6) l,,:il iWBM^^i^^^SiBn <3S6SBBfeit!eBiftw>niea>it£ f;i»iWSiH«ai§ ^wivwiSa'^S^^^^S'^VS.WS ,<'' MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 FOR ENHANCEMENT OF THE AMOUNT OF AWARD. '•illl il !'i 11111 HIGH COURT OF CHHATTISGARH : BILASPUR (LOKADALAT) MISCELLANEOUS APPEAL N0. 736 of 2003 Appeltant: Respondents: Versus Nakul Suryawanshi & others Shankar Dayal Suryawanshi & others (Arisina out of Claim Case No. 20 of 2001 03/02/2007 Appellant No.2 - Smt Bahatarin Bai appears in person for herself and minor i.e. appellant No.3 (Satish Kumar) with Shri MK Bhaduri, counsel for the appellants. None for respondents No. 1 & 2. Shri J.M. Gairola, Divisional Manager, Oriental Insurance Company Limited with Shri Ali Asgar, counsel for respondent No.3. \ in view of death of appeilant No.1 - Nakul Suryawanshi, IA No.345/2007 has been filed for deletion of his name from the array of cause titie. Not opposed. Considered. Allowed. During the course of day, name of appellant No.1 should be deleted and names of other appellants be kept in chronological order. Appellant No.2 - Smt Bahatarin Bai filed an application along with affidavit for permission to compromise the matter on behalf of minor - appellant No.3 (Satish Kumar). Not opposed. Considered. Aliowed. Smt Bahatarin Bai also prays to incorporate her name as natura! guardian of Satish Kumar in place of Nakul Suryawanshi, as he died. Not opposed. Consjdered. Allowed. During the course of day, name of Smt Bahatarin Bai be corrected as natural guardian of SatishKumar, in place of Nakul Suryawanshi. !n terms ofcompromise, award is passed as below:- 1) In addition to compensation alrea'dy awarded by the Tribunal, resppjident No.S.shall pay Rs.50,000/- (Rupees fifty thousand only) to the appellants. lii; -i"i)"^";?r:^i5r^iji^E^^^^^^^ 2) For disbursement and deposit in FDR, the direction and rs adopted by the Tribunal, if any, shall follow. 3) The amount, if any, kept in deposit with Bank shall be payable under the orders of Tribunal in accordance with law. 4) Appellants shalt be entitled to receive interest on the amount so deposited, ifany. 5) In view of the above, appeal against respondents No.1 & 2 stands dismissed. 6) Out of the above amount, Rs. 500/- (Rupees five hundred only) shall be paid to counsel forthe appellants directly by the Insurance Company towards counsel fee. 7) If the amount awarded is not deposited within a period of one month, the Insurance Company shall be liable to pay interest at the rate of 9% per annum thereafter. 8) Copy of the award st>all bp given to the parties free of cost. _^ V. -...-...- g^ ; ^ ^_ V.K. Shrivastava | Member - Lok Adalat riigh Court of Chhattisgarh Bilaspur padma Judge -Lok Adalat High Court of Chhattisgarh Bilaspur tll lil!i iir^'Tm =syf. ~T-'T