Hdfc Argo General Insurance Co.Ltd. v. Shri. Krushna Ramchandra Pawar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 1798 OF 2020 WITH INTERIM APPLICATION NO. 1233 OF 2020 WITH INTERIM APPLICATION NO. 1234 OF 2020 IN FIRST APPEAL(ST) NO. 1798 OF 2020 HDFC Ergo General Insurance ... Appellant Company Limited Vs.

Shri Krushna Ramchandra Pawar & Ors.

... Respondents WITH INTERIM APPLICATION NO. 568 OF 2022 IN FIRST APPEAL (ST) NO. 1798 OF 2020 Shri Krushna Ramchandra Pawar & Anr.

... Applicant Vs.

HDFC Ergo General Insurance ... Respondent Company Limited ------- Mr. Aditya Mahadik, i/b A.P. Kulkarni, Advocate for the Appellant. Mr. Pratesh K. Bohade, Advocate for the Respondent Nos. 1&2. ------- CORAM : Gauri Godse, J.

(HEAD OF THE PANEL) V.A. Sathe OSD at Court Receiver (Appellate Side), MEMBER

R.V. Wanwadi, DEPUTY REGISTRAR (Inspection), MEMBER DATE : 13th August, 2022 P.C. :

1.

The learned advocates for the Appellant as well as Respondent Nos. 1 and 2 have tendered consent terms dated 7th May 2022, duly signed by Respondent Nos. 1 and 2 and their respective Advocates. Respondent Nos. 1 and 2 are personally present today. The parties who are present today admit the correctness of the contents of the consent terms. Consent terms are taken on record and marked 'X' for identification. 2.

Consent terms contains scanned signature of Mr. Aditya Tambekar, Deputy Manager, Legal of the Appellant. The Appellant-HDFC Ergo General Insurance Company Limited, has authorised their Advocate Shri A.P. Kulkarni to sign this consent terms on behalf of Appellant -Insurance Company. Mr Aditya Mahadik, instructed by Advocate Shri A.P. Kulkarni, states that Shri A.P. Kulkarni is unable to remain present today. However, he has signed consent terms. Mr. Aditya Mahadik, learned Advocate identifies signature of Mr. A.P. Kulkarni, Advocate for Appellant. Mr. Aditya Mahadik states that during the course of the day, he will submit, the Authority letter along with e-mail received by Shri Kulkarni, issued by Appellant - Insurance Company, authorising him to sign the consent terms. Such authority letter that will be submitted will also be a part of consent terms. The

learned Advocate for Respondent Nos. 1 and 2 have identified the signatures of Respondent Nos. 1 and 2. Photocopies of proof of identity of Respondent Nos. 1 and 2 taken on record. Hence, the First Appeal is disposed of in terms of consent terms. 3.

Statutory amount if any deposited in this Court be transferred with accrued interest to the concerned Motor Accident Claims Tribunal, Satara.

4.

In view of consent terms, Respondent Nos. 1 and 2 shall be at liberty to withdraw the amount as stated in paragraph Nos. 5(a) and 5(b) of the consent terms.

5.

Parties are at liberty to withdraw the respective amount as mentioned in Clause 5(a) and 5(b) of the consent terms. 6.

Appellant will be entitled to refund of court fees as per the applicable rules.

7.

Concerned Tribunal is requested to act on authenticated copy of this Order.

8.

First Appeal stands disposed of in terms of consent terms. Decree be drawn accordingly.

9.

All pending Civil Applications stand disposed of. (R.V.Wanwadi) (V.A. Sathe) (Gauri Godse,J.) Member Member Head of the Panel