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Bombay High CourtFA/555/2017

Mrs. Suvarna Dinyar Mistry v. Bajaj Allianz Gen. Insu. Co. Ltd. And ORS.

2018-07-04Hon'Ble Shri Justice V.M. Deshpande3 pages

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 555 OF 2017 WITH CIVIL APPLICATION No. 3532 OF 2016 Mrs. Suvarna Dinyar Mistry ...

Appellant Vs.

Bajaj Alliance General Insurance Co. Ltd. & Ors.

...

Respondents *** Ms. Sangeeta S. Salvi, for the Appellant.

Ms. Yogita M. Deshmukh, for the Respondent No. 1. *** CORAM : V. M. DESHPANDE, J.

DATE : JULY 4, 2018 PC :- 1.

Heard learned counsel for the appellant and the learned counsel for the respondent No.1. Present appeal is directed against the judgment and order dated 28.1.2016 passed in MACP No. 317 of 2010 by the learned Tribunal. The present appeal is filed by original respondent No.1 Mrs. Suvarna Mistri who is the owner of the vehicle. This appeal is already admitted by this Court (Coram : G.S. Patel, J.) on 20.6.2017. 1 / 3

2.

As per the impugned order opponent No. 1 Insurance Company was directed to pay an amount of Rs.5,60,000/- to the claimants and then recover the same from the present appellant.

3.

Today learned counsel for respondent No.1 has filed an affidavit of Mr. S.G. Chouhan, the Legal Officer. The same is taken on record and marked as "Document X" for identification. The copy of the same is given to the learned counsel for appellant. By this affidavit it is stated on oath that as per the impugned judgment and award dated 28.1.2016 total amount of Rs.7,84,597/- is already deposited before the learned Tribunal on 6.6.2016. Thus, according to the Insurance Company the Insurance Company has complied with the order of the learned Tribunal.

4.

Both the learned counsel submit that there was compromise between Insurance Company and the present appellant and the matter is settled between them. In view of the settlement between the parties, present appeal is disposed of 2 / 3

with no order as to cost. Needless to state that all pending Civil Applications filed in the Appeal shall stand disposed of. Sd/- [V. M. DESHPANDE, J.] Vinayak Halemath 3 / 3