TOTARAM SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS is a claimants' appeal against the judgment and award dated 2.1.2001 passed by the Motor Accident Claims Tribunal, Gwalior in Claim Case No. 57/1995. The claimants-appellants are the parents of the deceased. His age has been determined as 20 years in the postmortem report. The Claims Tribunal has awarded Rs. 1,00,000/- (Rupees One Lakh) 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 the Insurer-Respondent No. 3 negotiated the matter with reference to the facts and circumstances of the case and have filed a joint memo agreeing that the Insurer-Respondent No. 3 shall pay an amount of Rs. 50,000/- (Rupees Fifty Thousand) in addition to what has been awarded by the Claims Tribunal. The additional amount shall carry interest at the rate of 6% per annum from the date of claim petition till the date of realization. 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 mother (second appellant) will be entitled to the enhanced amount in entirety. We find the terms of settlement reasonable. We accept the same and allow this appeal in part in terms of the Joint Memo. Parties to bear their respective costs.