1. FROM : Rajendra Tiwari Advocate / Gopalganj ,
Ref : M.A No : 593 / 2010 , - Arising out of M.A.C.T Case No- 27 /2001 ( GOPALGANJ) was finally
disposed of by Lok Adalat at Patna high court vide AWARD / order dt 16.3.2013.
Lower court awarded Rs: six lakh (600,000) in all vide order dt: 8th april 2010 with interest @
9% till payment .
Operative part of lok adalat award reads as further,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
TERMS OF SETTLEMENT
(C) It is accepted by the learned councels and the parties that the award passed by the tribunal
shall be reduced by a sum of Rs. 1,50,000( Rupees one lakh fifty thousand) and the aforesaid sum shall
be deposited by the insurance company namely the Oriental Insurance Co Ltd. Before the Tribunal
within a period of 8 weeks from the date of receipt of this order failing which the aforesaid amount shall
carry interest @ 12 % p/a immediately after expiry of the period.
(D) The rest of the award shall remain as it is .
(E) We agreed that the award passed by the Tribunal be modified accordingly .
AWARD / ORDER
16.3.2013--- This appeal u/s 173 M.V Act 1988 has been preferred by the claimants against the
judgement dt 8th April 2010 passed by 3rd Additional District judge Gopalganj in MV case No-27/01
The Tribunal below has awarded a sum of Rs. 600,000/00 – 50,000 (interim compensation =
5,50,000) with interest @ 9% p/a from the date of claim petition by way of compensation to the
appellants. Feeling aggrieved , the appellants have preferred this appeal for reduction of the amount of
compensation . The Tribunal has made the award the award on the basis of prescribed chart out of
which 1/3rd has to be reduced towards maintenance of the victim. Victim was aged about 5 years old.
In view of the above compromise arrived at between the parties , the impugned award passed
by the Tribunal below is modified in the terms of the said aggreement.
Mr G.N Samal manager of the company agrees that the amount of compensation with interest
upto-date will be deposited in the Tribunal within eight weeks from today i.e 16.3.2013
N.B- op insurance co has paid only Rs. 20,000+22,450+55,000=97,450 vide petition dt 11.7.2013.
Under compulsion claimants have filed EXECUTION Case No-01 / 2013 and inspite of notice & Rcs due to
non appearance of insurer judgement debtor court was forced to issue warrant of arrest against branch
manager OIC gopalganj.
So please do the needful.