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2005 DIGILAW 245 (MP)

Saroj Sharma v. Madan Babu Kushwah

2005-02-15

DIPAK MISRA, R.V.RAVEENDRAN

body2005
JUDGMENT Raveendran, C.J. -- This is a claimants appeal against the judgment and award dated 1.11.1999 passed by the Motor Accident. Claims Tribunal, Gwalior in Claim Case No. 45/1997. The claimants-appellants are the wife and sons of the deceased. His age has been determined as 54 years. The Claims Tribunal has awarded Rs. 4,40,000/- (Rs. Four lakhs forty thousand) as compensation with interest at the rate of 12% per annum from the date of application till payment. On the ground that the compensation awarded by the Claims Tribunal is on the lower side, the claimants have filed this appeal. After the matter was argued for some time, the learned counsel for the appellants-claimants and the learned counsel for insurer negotiated the matter with reference to the facts and circumstances of the case and have filed a joint memo agreeing that the insurer shall pay a lump sum amount of Rs. 2,25,000/- (Rs. Two lakhs twenty five thousand) in addition to what has been awarded by the Claims Tribunal, inclusive of interest. It is clarified that the said amount is in addition to what has been awarded by the Claims Tribunal. The Insurer shall deposit the additional amount within two months. The direction regarding apportionment and deposit shall be as per the order of the Tribunal. We find the terms of settlement reasonable. We account the same and allow this appeal in part in terms of the joint Memo of parties to bear their respective costs.