National Insurance Co. Ltd. v. Smt. Neha Chirag Shah And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 16145 OF 2016 WITH CIVIL APPLICATION NO. 3661 OF 2016 IN FIRST APPEAL (ST.) NO. 16145 OF 2016 AND CIVIL APPLICATION NO. 3662 OF 2016 IN FIRST APPEAL (ST.) NO. 16145 OF 2016 National Insurance Co. Ltd.

...Appellant

Versus

Smt. Neha Chirag Shah & Ors.

...Respondents

---------- Mr. Amol Gatne, for the Appellant.

Mr. S.V. Chaugule, for Respondents No. 1 to 3. ---------- CORAM :

R.M. SAVANT, J.

DATE :

9th August 2016 P.C. :

1.

The learned Counsel for the parties Shri. Gatne for the Appellant the Insurance Company and Shri. Chaugule for the 1/3

Respondents No. 1 to 3 i.e. the original claimants tender the Consent Terms evidencing the settlement arrived at between the parties. The said Consent Terms have been signed by Shri. Gatne and Shri. Chaugule as also on behalf of the Appellant by Shri. Vikas Rawal, Administrative Officer (Legal) and on behalf of the Respondents No. 1 and 2 by Smt. Neha Chirag Shah and by Respondent No. 3 Smt. Mafi Hemankumar Shah.

2.

The Administrative Officer (Legal) of the Appellant as well as the Respondents are personally present in Court. Shri. Rawal on being queried, states that the said Consent Terms are acceptable to the Appellant and that he has been authorised to sign the said Consent Terms and that he has signed them of his own free will and volition. The Respondent No. 1 Smt. Neha Chirag Shah who has signed on behalf of herself and Respondent No. 2 who is her minor daughter on being queried, states that the Consent Terms are acceptable to her and that she has signed the Consent Terms of her own free will and volition. The Respondent No. 3 Smt. Mafi Hemankumar Shah also states likewise.

3.

The learned Counsel appearing for the parties pray that the above First Appeal be disposed of in terms of the Consent Terms. 2/3

The authorisation letter dated 3rd August 2016 issued in the name of Shri. Vikas Rawal is annexed to the Consent Terms as also the PAN Card of Smt. Neha Chirag Shah and Smt. Mafi Hemankumar Shah. 4.

The Consent Terms and the aforesaid documents are paginated from 1 to 7. The Consent Terms are taken on record and marked "X" for identification.

5.

The above First Appeal is disposed of in terms of the Consent Terms.

6.

The Civil Application for delay stands allowed in terms of the Consent Terms.

7.

The Civil Application for stay does not survive, in view of the Consent Terms and to accordingly stand disposed of. 8.

Decree be drawn up accordingly.

[R.M. SAVANT, J.] 3/3