Smt. Baby Narayan Gawade And ORS. v. Mrs. Preet Kamal Bajwa And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1500 OF 2002 Smt. Baby Narayan Gawade and others.

... Appellant.

Versus

Preet Kamal Bajawa and Others.

... Respondents.

....

Ms. Sayali Dalavi Advocate for the Appellant. Ms. Dnyanada Avhad, Assistant Manager for the Oriental Insurance Co., Ltd. is present.

....

CORAM

:

SHARMILA U. DESHMUKH, J.

(Head of the Panel) Smt. M. I. ARLAND, (Member) And S.K. DHEKALE, (Member) DATE :

November 12, 2022.

P. C. :

1.

At the outset, Advocate Ms. Sayali Dalavi submitted that the advocate on record appearing on behalf of appellants has passed away and now she has received the vakalatnama to appear on behalf of the appellants. She undertakes to file vakalatnama on behalf of the appellants during the course of day. Undertaking is accepted. 2.

The dispute is settled between the parties. The appellant Nos.1 to 4 are present before us. They state that appellant No.5, who is 1 of patilsr by SACHIN RAMCHANDRA PATIL Date: 2022.11.15 19:04:30 +0530 SACHIN RAMCHANDRA PATIL

their father, has expired in the year 2004. They tendered the extract from the Register of Births and Deaths issued by Gramsevak, Rajegaon, taluka Daund, district Pune.

3.

It is stated that appellant Nos.1, 2 and 4 have changed their surname from "Gawade" to "Jadhav", which has been notified in the ofÏcial gazette. Copy of the gazette notification is tendered. Respondent No.3 has got married and her marital name is Ashwini Rahul Munfan. Photocopies of the identification of appellant Nos.1 to 4 are tendered. All these documents are annexed to the consent terms. 4.

The consent terms are taken on record and marked "X" for identification. The parties are identified by Advocate Sayali Dalavi. As per the consent terms, the amount of R.8,39,282/- shall be deposited in Motor Accident Claims Tribunal, Pune in Claim Petition No.800 of 1995. 5.

The appeal is disposed of in terms of the consent terms. Decree be drawn up accordingly.

6.

The tribunal shall, before disbursement of amount in terms of the consent terms, carry out necessary verification to ensure that the appellants are original claimants and related to the deceased. [S.K. Dhekale] [Smt. M.I. Arland] [Sharmila U. Deshmukh, J.] 2 of patilsr