SUNITA Vs. ASHOK TIWARI

JUDGEMENT

(1.) THIS is a Claimant(s) appeal against the judgment and award dated 27.11.1999 passed by the Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 28/99. The claimant/appellant are the mother, widow and daughter of the deceased. His age has been determined as 25 to 30 years in the post mortem report, though, according to claimant(s), the age of the deceased was 28 years. The Claims Tribunal has awarded Rs. 2,09,000/- (Rupees two lacs nine thousand only) as compensation with interest at the rate of 6% 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 appellant/claimant and the learned counsel for the 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 an amount of Rs. 1,40,000/- (Rupees one lac forty thousand only) 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. 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.