Bajaj Allianz General Insurance Co. Ltd. v. Shri. Nirmala Yuvraj Dardige And ORS.

rpa 1/3 26 fa 1071 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1071 OF 2018 Bajaj Allianz General Insurance Co. Ltd.

.. Appellant

Versus

Nirmala Yuvraj Dardige and Ors.

.. Respondents ......

Mr.D.S. Joshi, Advocate for the Appellant.

Mr.Sanjay A. Ghaisas, Advocate for Respondents. Ms.Shree Laxmi Nair, Legal Offcer (Insurance Company), present in the Court.

......

CORAM : SHARMILA U. DESHMUKH, J.

(HEAD OF THE PANEL) Y.A. GOSWAMI, REGISTRAR (CPC), MEMBER H.V. KULKARNI, DEPUTY REGISTRAR, MEMBER DATED :

AUGUST 13, 2022.

P.C. :

Learned counsel appearing for the parties submits that the matter has been settled between the parties and they have tendered the Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.09.05 16:12:17 +0530 Consent Terms entered into between the parties. The parties alongwith RAJESHRI PRAKASH AHER their respective counsels have signed the Consent Terms. The parties are present before the Court and admit the correctness of the contents of the

rpa 2/3 26 fa 1071 of 2018.doc Consent Terms. Alongwith the Consent Terms, Advocate for the Respondents submits a Certifcate stating that the settlement is in the interest of the respondent no.3-Raju Yuvraj Dardige, as he is minor. The respondent no.1-Nirmala Yuvraj Dardige, i.e. mother of respondent no.3, is the natural guardian of respondent no.3. The Consent Terms and Advocate's Certifcate are taken on record. The Consent Terms are marked "X", for identifcation.

Respondent Nos.1, 2, 3 and 5 (original claimants) are present. Learned advocate appearing for the respondents submits that respondent no.4 expired during the pendency of the proceedings before the trial Court. The same is refected in the Consent Terms. The parties submit that they are aware of the Consent Terms, and, agree to the same. The Appeal is, accordingly, disposed of in terms of the Consent Terms with no order as to costs.

Decree be drawn accordingly.

Refund of the Court fees, as per Rules.

The statutory deposit alongwith interest, if any, to be transferred to Motor Accident Claims Tribunal, Alibag, in M.A.C.P. No.596 of 2009, for disbursement, as per Rules.

rpa 3/3 26 fa 1071 of 2018.doc First Appeal is, accordingly, disposed of in terms of the Consent Terms.

Pending Interim/Civil Application/s, if any, also stands disposed of.

(H.V. KULKARNI) (Y.A.GOSWAMI) (SHARMILA U. DESHMUKH, J.)