AMAR SINGH Vs. RAJESH

JUDGEMENT

(1.) SHRI M.S. Chouhan, counsel for the petitioner. Shri P.K. Gupta, counsel for Insurance Company/Respondent No. 3, which was the contesting party in respect of said claim in context with an accident took place by use of a motor vehicle.

(2.) IN the present matter the petitioner had filed a claim for getting compensation on account of injury sustained by the use of a motor vehicle. The claim petition was laid before Lok Adalat for speedy disposal keeping in view the benevolent spirit of the enactment. The petitioner and opponent No. 3 amicably settled the dispute in Lok Adalat and an award was passed. After said award was passed the petitioner moved an application, for the purpose of getting the entire amount of the award as he wanted to repay the loan of Rs. 40,000/ - which he had obtained for the purpose of his medical treatment in Choithram Hospital, Indore, by pointing out that the creditor has issued notice to him demanding repayment of the said loan and threatening him that in the event of failure of the payment there would be a suit filed against him in the Court.

(3.) SHRI Chouhan, appearing for petitioner submitted that the petitioner is a poor person having a service and is unable to repay the loan which happens to be to the tune of Rs. 40,000/ -, from his salary. He submitted that if he does not pay that amount of Rs. 40,000/ - to the creditor, he would be required to again face a litigation in the Civil Court. Apart from that, he submitted that petitioner is required to spend money for the purpose of follow up check up and incidental medical treatment. Shri Chouhan further submitted that the expenditure of medical treatment would be more and if the amount of Rs. 40,000/ - is not disbursed to him as prayed by him, he would be put to hardship and humiliation. Shri P.K. Gupta, appearing for opponent No. 3, National Insurance Co. Ltd., submitted that Insurance Company does not have any objection for the purpose of disbursement of that amount to him.