BRANCH MANAGER UNITED INDIA Vs. MD IBRAHIM

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 24-5-1986 passed by the District Judge, Chapra in Claim case No. 7 of 1985, allowing the claim in terms of the compromise entered into between the parties.

(2.) THE claim case was filed by respondent No. 1. THE appellant is the in sever. On 29-8-1982, the son of respondent No. 1, aged about seven years, was killed in an accident by a vehicle bearing registration No. B.R.D.1045. Respondent No. 1 claimed compensation amounting to Rs. 65,000. THE appellant and respondent No. 1 settled the claim at Rs. 35,000 and file the compromise petition signed by learned Counsel for the parties and in terms of the compromise, the claim case was disposed of and accordingly decree sheet, was ordered to be prepared in terms of the compromise.

(3.) THE provisions of Order XXIII, Rule 3 of the Code of Civil Procedure after amendment by amending Act No. 104 of 1976 are as follows: