Reliance General Insurance Co. Ltd. Through Its Manager, Mr. Amit Ashwini Sharma v. Mr. Anilkumar Lalman Tiwari And ANR.
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1207 OF 2016 WITH CROSS OBJ. NO.21095 OF 2016 WITH FIRST APPEAL NO.1207 OF 2016 Reliance General Insurance Co. Ltd.
.. Appellant
Versus
Mr. Anilkumar Lalman Tiwari and Anr.
.. Respondents ....................
Ms. Deepika M. Prabhala, i/by RES Juris for the Appellant Ms. Swati. U. Mehta, Advocate for the Respondents ...................
CORAM : SHRI. MILIND N. JADHAV, J.
SHRI. D.N. KHER (COURT RECEIVER) & SHRI. S.K. DHEKALE (Dy. REGISTRAR, COURT RECEIVER) DATE : 11th DECEMBER, 2021.
P.C.:
.
Not on Board. Mentioned. Papers called for.
2.
Heard learned counsel appearing for the respective parties. 3.
Ms. Deepika Prabhala, learned counsel appearing for the Appellant - Insurance Company has submitted that the parties have arrived at consent terms. There are Cross Objections filed by the
Respondent No.1 which is also compromised by the consent terms. The copy of the consent terms is taken on record and marked as "X" for identification. The undertakings recorded in the consent terms are accepted.
4.
It is reiterated that since paragraph No.2 of the consent terms is hand written, the same is required to be reproduced in the body of this order to enable the Respondent No.1 / Cross objectionist to understand the consent terms, because on being questioned by the Court, the Respondent No.1, prima facie, is not aware about the balance amount that he will be entitled to.
5.
For the sake of convenience paragraph No.2 as appearing in the consent terms is reproduced below and reads thus: "2] The Insurer has deposited amount of Rs.6,53,027/- before the Ld. Commissioner, W.C. Act and Judge Labour Court, Mumbai, except Rs.5000/- entire balance pending amount along with the accrued interest may be given to the Applicant Anil Tiwari."
6.
Award be drawn according to the consent terms. 7.
First Appeal stands disposed of in the above terms. 8.
In view of disposal of Appeal, pending Applications, Cross Objections, if any, also stand disposed of.
9.
Statutory deposit be transferred to the concerned Tribunal within a period of one week from today.
10.
Court fee be refunded as per rules.
[ S.K. DHEKALE ] [ D.N. KHER] [ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2021.12.11 20:24:22 +0530 AJAY TRAMBAK UGALMUGALE