Orietal Insurace Co Ltd. v. Annatamma Chandrappa Kanekar And Othrs

osk 918-fa-1004-2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1004 OF 2010 WITH CIVIL APPLICATION NO. 3648 OF 2018 WITH CIVIL APPLICATION NO. 3649 OF 2018 Oriental Insurance Co. Ltd.

...

Appellant V/s.

Smt.Annatamma Chandrappa Kanekar & Ors.

...

Respondents • Mr.I.R. Kulkarni for the Appellant.

• Mr.Milindkumar A. Ingle for Respondent Nos.1 to 3. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 6th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the Appellant and learned counsel for Respondent Nos.1 to 3.

2] The Appeal, which came to be dismissed for default for non filing of the paper-book, learned counsel for Respondent Nos.1 to 3/Claimant has no objection to restore the same. Hence, the Appeal is restored to its original file.

3] Respondent No.1, Smt.Annatamma Chandrappa Kanekar, to whom the entire amount of compensation is awarded by the Tribunal is present along with her learned counsel Mr.Ingle and 'admit' the contents of the 'Consent Terms'.

1/2

osk 918-fa-1004-2010.odt 4] Learned counsel for the Appellant-Insurance Company is also present before the Court. The consent terms are admitted by the Claimant/Respondent No.1, Smt.Annatamma Chandrappa Kanekar. Hence, they are taken on record and marked as Annexure "A" for identification.

5] In view of the 'Consent Terms', the Appeal stands disposed off. The decree be drawn accordingly.

6] The amount of Rs.25,000/- deposited in this Court be returned to the Appellant-Insurance Company.

7] Issue Court Fees Refund Certificate, as per Rule. 8] In view of disposal of the Appeal, nothing survives in the Civil Application(s), hence stands dismissed. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2