The New India Assurance Co. Ltd. v. Shri. Vinit Bipinbhai Pujara And ANR.

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 897 OF 2018 The New India Assurance Co.Ltd.

.....Appellant New India Centre, 1 st floor 17-A Cooperage Road Mumbai 400 039 vs.

1.

Shri Vinit Bipinbhai Pujara .....Respondents Aged about 22 years Residing at : 113, New Chinch Bunder Road Sir Sati Sadan, 4 th floor, Room No. 68/69 Masjid Bunder, Mumbai 400 009 2.

Vikramjeet Singh Maratch, Shree Gurusingh Sabha Room No. 82/83, 1 st floor Mumbai 400 012 Mr. D. R. Mahadik, Advocate for the Appellant. Mr. Avadhut P. Bidaye, Advocate for the Respondent No.1.

CORAM

:

Gauri Godse, J.

Head of the Panel by RAJESHWARI RAMESH PILLAI Date:

2022.11.16 13:10:36 +0530 RAJESHWARI RAMESH PILLAI :

H.M.Bhosale, Registrar, Judicial II 1/3

:

P.A.Patki, Deputy Registrar, A Civil Br. PIO DATE :

th November 2022 P.C.

1.

Mr Avadhut P. Bidaye appearing for Respondent no. 1 states that the Advocate earlier appearing for Respondent no. 1 has expired and hence he may be permitted to file vakalatnama. Mr Avadhut P Bidaye is permitted to file vakalatnama. 2.

Learned counsel appearing for the parties have tendered signed consent terms. Consent terms are taken on record and marked "X" for identification with today's date. We have perused the consent terms. Consent terms are proper. Consent terms are signed by Respondent No. 1 and the authorised signatory of the Appellant as well as Advocates for the respective parties. Parties are present in court. Parties present are identified by their respective Advocates. 3.

Clause 3 of the consent terms state that the amount is paid on behalf of the Appellant as well as on behalf of Respondent No. 2(owner of the offending vehicle). 4.

Respondent No. 1/Claimant as well as the Appellant are permitted to withdraw the amount as stated in paragraph 6 of the consent terms. 2/3

5.

Statutory deposit amount, if any, lying in this court to be transferred to MACT, Mumbai along with accrued interest.

6.

First Appeal is disposed in terms of the consent terms. No order as to costs. 7.

By consent the impugned judgment and award stand modified in terms of the consent terms. Decree to be draw up accordingly. 8.

Refund of court fees permitted, as per law.

9.

In view of the consent terms all pending Applications stand disposed of as infructuous.

10.

All parties and the concerned Tribunal to act on the authenticated copy of this Order.

P.A.Patki Member H.M.Bhosale Member Gauri Godse, J.

Head of the Panel 3/3