Bajaj Allianz General Insurance Company Limited v. Smt. Manisha Mahendra Shelke And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 1182 OF 2016 WITH CIVIL APPLICATION NO. 3178 OF 2016 Bajaj Allianz General Insurance Company Limited ... Appellant/Applicant Vs.

Manisha Mahendra Shelke and Ors.

... Respondents Ms.Yogita Deshmukh-Chitnis, for the Appellant/Applicant. Mr. Tushar Shendge, for Respondent Nos.1 to 7. Ms. Shrilaxmi Nair, Authorized Signatory of Appellant-Insurance Company present.

CORAM

: N. J. JAMADAR, J.

: V.R. KACHARE, Registrar (Jud-I) & D. M. MATA, Dy. Registrar DATE : MARCH 12, 2022 --------------- P.C. :

1.

Mr. Shendge, submits that he has instructions to appear on behalf of respondent Nos. 1 to 7 and undertakes to file vakalatnama on or before 17th March, 2022. Undertaking accepted. 2.

Heard learned counsel for the appellant and respondent Nos. 1 to 7 (original claimant).

3.

Learned counsel for both the parties submit that the parties have amicably settled the dispute. Learned counsel have tendered the Consent Terms. Ms. Shrilaxmi Nair, authorized signatory of appellantREKHA PRAKASH PATIL 1/3 REKHA PRAKASH PATIL Date: 2022.03.17 11:44:08 +0530

Insurance Company and Respondent Nos. 1 to 4, 6 and 7 are present before the Court. Respondent No.1 Smt. Manisha Mahendra Shelke claims to have signed the Consent Terms for herself and on behalf of respondent no.5-Asmita @ Yadnya Mahendra Shelke, her daughter, who has yet not attained majority. Respondent Nos.2-Kamini Mahendra Shelke, 3-Damini Mahendra Shelke and 4-Rutika Mahendra Shelke, stated that they have since attained majority. The authorized signatory of the appellant and respondent nos. 1 to 4, 6 and 7 admit the contents of the Consent Terms and execution thereof. The authorized signatory of appellant and respondent Nos. 1 to 4, 6 and 7 have also filed copies of document in proof of their identity. They are identified by their respective Advocates. 4.

The Consent Terms seem to have been executed voluntarily. 5.

The Consent Terms are thus taken on record and marked as "X" for identification.

6.

The Appeal thus stands allowed in accordance with the Consent Terms.

7.

The impugned Award stands modified in accordance with the Consent Terms. Award be drawn accordingly.

8.

The statutory deposit, if any, be remitted to the jurisdictional Tribunal.

2/3

9.

The Tribunal shall release the amount in accordance with the Consent Terms and apportionment as made in Clause (3) of the impugned Order qua the respondents (original claimants). 10.

Court fee refund be made as per rules.

11.

Record and proceeding be sent back.

12.

In view of disposal of Appeal, pending applications, if any, also stand disposed of.

( D.M. MATA ) ( V.R. KACHARE ) ( N.J. JAMADAR, J. ) 3/3