Brihan Mumbai Mahanagar Palika Through The General Manager, Bombay v. Smt. Kirti Kamlakar Sawant (Wife Of Deceased) And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1033 OF 2018 Brihan Mumbai Mahanagar .....Appellant Palika Through the General Manager, Bombay, Electric Supply and Transport Undertaking, Electric House Colaba, Mumbai-400 005 (Owner of BEST bus No. MH-01-AO-0478) vs.

1.

Smt Kirti Kamlakar Sawant .....Respondents (Wife of Deceased) Aged : 40 years 2.

Kum Sanket Kamlakar Sawant Son of the deceased Aged : 21 years 3.

Kum Sakshi Kamlakar Sawant Daughter of the deceased Aged : 11 years All residing at A/108 Ganesh Darshan st Floor, Anant Surve Marg Umarkhadi, Mumbai-400 009 Mr. Hemal Dedhia i/b. M/s. Navdeep Vora & Associates, Advocate for the Appellant.

Ms. Varsha Chavan, Advocate for Respondent Nos. 1 to 3. Smt Kirti K Sawant - Respondent No. 1 - present Kum Sakshi K Sawant - Respondent No. 3 - present. by RAJESHWARI RAMESH PILLAI Date:

2022.11.16 13:10:39 +0530 RAJESHWARI RAMESH PILLAI 1/3

CORAM

:

Gauri Godse, J.

Head of the Panel :

H.M.Bhosale, Registrar, Judicial II :

P.A.Patki, Deputy Registrar, A Civil Br. PIO DATE :

th November 2022 P.C.

1.

Learned counsel appearing for the parties have tendered consent terms. Consent terms are taken on record and marked "X" for identification with today's date. We have perused the consent terms. Consent terms are proper. Consent terms are signed by Respondent Nos. 1 for himself and as constituted attorney of Respondent No. 2, Respondent no. 3 and authorised signatory of the Appellant and Advocates for the respective parties. Parties are present in court. They are identified by their respective Advocates.

2.

Parties are allowed to withdraw the amount with interest from MACT, Mumbai as stated in Clause 3, 4 and 6 of the consent terms. 3.

Statutory deposit amount, if any, lying in this court to be transferred to MACT, Mumbai along with accrued interest.

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4.

First Appeal is disposed in terms of the consent terms. No order as to costs. 5.

By consent the impugned judgment and award stand modified in terms of the consent terms. Decree to be draw up accordingly. 6.

Refund of court fees permitted, as per law.

7.

In view of the consent terms all pending Applications stand disposed of as infructuous.

8.

All parties and the concerned Tribunal to act on the authenticated copy of this Order.

P.A.Patki Member H.M.Bhosale Member Gauri Godse, J.

Head of the Panel 3/3