Bombay Electric Supply And Transport v. Smt.Sunita Raju Gupta And ORS.

1/3 FA(ST)--12523-2017--SR.501-PROD.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2554 OF 2017 IN FIRST APPEAL (ST) NO. 12523 OF 2017 IN M.A.C.T. APPLICATION NO. 2460 OF 2010 ALONGWITH FIRST APPEAL (ST) NO. 12523 OF 2017 The Municipal Corporation of Greater Bombay, Through General Manager, BEST ...

Appellant V/s.

Smt. Sunita Raju Gupta and 2 Ors.

...

Respondents * * * * * Ms. Kavita Auchan a/w. Mr. Vishal Dande I/by. M.V. Kini , Advocate for the appellant.

Ms. Anandita K. Sawant, Advocate for the respondents. Respondent no.1 is present in the Court.

CORAM :

CORAM :

HON'BLE SHRI. SANDEEP K.SHINDE J, HON'BLE SHRI. SANDEEP K.SHINDE J, (HEAD OF THE PANEL).

(HEAD OF THE PANEL).

SHRI. C.D. GONGLE, SHRI. C.D. GONGLE, (RETIRED DISTRICT JUDGE), & (RETIRED DISTRICT JUDGE), & SHRI. V.R. KACHARE, SHRI. V.R. KACHARE, REGISTRAR (JUDL-II) REGISTRAR (JUDL-II) DATED :

DATED :

14TH JULY, 2018.

14TH JULY, 2018.

2/3 FA(ST)--12523-2017--SR.501-PROD.doc P.C. :

P.C. :

1.

This Appeal is preferred alongwith the application for condonation of delay. Sufficient cause is shown. The delay stands condoned.

2.

This Appeal is preferred by the BEST Undertaking against the judgment and Award dated 15th December, 2015 whereby the appellants were directed to pay compensation of Rs.21,70,000/- with interest at the rate of 9% from the date of presentation of an application till its realisation. 3.

Respondent no.1 is the wife of the deceased. Respondents no.2 and 3 are the children of the deceased who are minors as on today.

4.

The parties have settled the claim and reached settlement terms. Such terms dated 14th July, 2018 are taken on record. The contents of the application are read over to her. She admits the contents. She is identified by her Aadhar Card. The copy of the Aadhar Card is taken on record and marked 'X'.

3/3 FA(ST)--12523-2017--SR.501-PROD.doc The consent terms are signed by the appellants and respondents alongwith their respective Advocates. The officer of the appellant-Undertaking is present.

5.

In view of the consent terms arrived at between the parties, the Appeal stands disposed off. The Award be drawn accordingly.

6.

Refund, if any, as per Rules.

(V.R. KACHARE) (V.R. KACHARE) (C.D. GONGLE) (C.D. GONGLE) (SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) REG. (JUDL-II) REG. (JUDL-II) RETD. D.J.

RETD. D.J.

HEAD OF THE PANEL HEAD OF THE PANEL