Bajaj Allianz General Insurance Co. Ltd., Mumbai v. Nishadevi Nareshkumar Seth And ORS.

1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.501 OF 2023 WITH INTERIM APPLICATION NO. 3885 OF 2023 Bajaj Allianz General Insurance Co.Ltd., Mumbai ....Appellant

Versus

Nishadevi Nareshkumar Seth and Ors.

....Respondents ********* Mr. Devendranath S. Joshi for Appellant Ms. Rhea Gupta, Legal Executive, Bajaj Allianz General Insurance Co. Ltd.

Mr. T. J. Mendon for Respondent No. 1 to 4.

********* CORAM :

JITENDRA JAIN, J., S. R. AGRAWAL, REGISTRAR, (JUDICIAL-II), MEMBER & D. M. MATA, DEPUTY REGISTRAR (LEGAL & RESEARCH), MEMBER.

DATE :

09TH SEPTEMBER, 2023.

P.C. :

1.

Not on board. Taken on board at the request of parties. 2.

Mr. Joshi, the learned counsel appears for the Appellant and Mr. Mendon, the learned counsel appears for Respondent Nos. 1 to 4. Mr. Mendon undertakes to file his Vakalatnama on behalf of the Respondent No.4.

2/3 3.

The Respondent Nos. 1, 3 and 4 are present in the Court. The parties have tendered the consent terms. The parties admit the contents of the consent terms and execution thereof. We have ascertained the genuineness of the recitals of the consent terms from the parties. Consent terms appear to have been executed voluntarily. It is taken on record and marked as 'X' for identification. 4.

The Respondent No.2 is represented by Power of Attorney in favour of the Respondent No.1 and the same is taken on record and marked as "X-1" for identification. Similarly, the Respondent No.5 is represented by Power of Attorney and same is taken on record and marked as "X-2" for identification. The Respondents are identified by their Advocate as well as their Aadhar cards. 5.

In view of the consent terms, the appeal stands disposed of.

6.

The amount will be distributed amongst the Respondent Nos.1 to 5 in the following ratio.

Respondent No.1 - 50 %.

Respondent No.2 - 10 %.

Respondent No.3 - 10 %.

Respondent No.4 - 10 %.

Respondent No.5 - 20 %.

3/3 7.

In view of disposal of the appeal, pending applications, if any, stand disposed of.

8.

Statutory deposit, if any, be remitted back to the jurisdictional Tribunal.

9.

Court fees refund, if any, be made as per Rule. 10.

Award be drawn accordingly.

11.

Record and proceeding be sent back.

(D. M. MATA) (S. R. AGRAWAL) (JITENDRA JAIN, J.) Deputy Registrar (Legal & Registrar (Judicial-II), Head of the Panel Research), Member Member