Divisional Manager, Bajaj Allianze General Insurance Company Limited v. Shri. Dharamraj Gajendra Sakhre And ANR.

907-FA-218-2020 WITH XOBST-3083-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.218 OF 2020 WITH CROSS OBJECTION (ST) NO.3083 OF 2023 Divisional Manager, Bajaj Allianze General Insurance Co. Ltd.

....Appellants NILAM SANTOSH KAMBLE V/s.

NILAM SANTOSH KAMBLE Date: 2023.12.28 10:51:16 +0530 Shri.Dharamraj Gajendra Sakhare & Anr.

....Respondents ---- Ms.Yogita M. Deshmukh, for the Appellant.

Mr.Yogesh Punde, for Respondent No.2.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st DECEMBER 2023 P.C:- .

Heard both learned counsel.

2.

Both learned counsel submits that, both the parties settled the matter out of the Court as per Consent Terms. The Consent Terms is taken on record and marked 'X' for identification. This court inquired with Claimant Smt.Shobha Sakhare, present in the Court. She agreed the terms mentioned in the Consent Terms.

3.

Considering the submission of both learned counsel N.S. Kamble page 1 of 2

907-FA-218-2020 WITH XOBST-3083-2023.doc and in view of the Consent Terms Appeal is disposed of. 4.

The learned counsel for the Appellant submits that, in judgment the Tribunal has observed that, there is breach of Terms and Conditions of Insurance Policy and Opponent No.2 shall pay the compensation to the Claimant and recover it from Opponent No.1, but the order of pay and recovery is not passed. 5.

Perused impugned judgment and order passed by the Tribunal in Paragraph No.22 the Tribunal has observed about pay and recover order. The Appellant can take steps as per the observations of the Tribunal.

6.

In view of disposal of the Appeal, Cross Objection is also disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2