Bajaj Allianz General Insurance Co. Ltd. v. Mr. Azam Salim Beg And ORS.

Priya Soparkar 1 31 fast 22993-18 with ia 1930-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT Digitally signed by PRIYA RAJESH SOPARKAR Date:

2022.03.16 16:11:53 +0530 PRIYA RAJESH SOPARKAR CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.22993 OF 2018 WITH INTERIM APPLICATION NO.1930 OF 2019 AND CIVIL APPLICATION NO.264 OF 2019 Bajaj Alliance General Insurance Company Limited ... Appellant/Applicant Vs.

Mr.Azam Salim Beg and ors.

... Respondents ------- Ms.Yogita Deshmukh for the Appellant/Applicant. Mr.Sachin Raze for Respondent Nos.1 and 2.

------- CORAM : ABHAY AHUJA, J.

(HEAD OF THE PANEL) V.V. PATIL, REGISTRAR (INSPECTION-I), MEMBER R.V. WANWADI, DEPUTY REGISTRAR (INSPECTION-I), MEMBER DATE : 12TH MARCH 2022 P.C. :

Not on board. Mentioned by praecipe.

1.

Learned counsel for the Respondents No.1 and 2 tenders

Priya Soparkar 2 31 fast 22993-18 with ia 1930-19.odt across Vakalatnama authorizing him to appear on behalf of the said respondents which is t.o.r..

2.

The parties have produced Consent Terms which are t.o.r. and marked 'X' for identification. They are signed by the parties and their counsel.

3.

The parties who are present in court are identified by the counsel and admit the correctness of the contents. 4.

In view of the above settlement arrived at between the parties, the delay in filing the First Appeal is hereby condoned. 5.

The Tribunal shall pass appropriate orders for payment of the compensation to the respondents. Compensation amount shall be divided in the same proportion as directed by Tribunal. The statutory deposit, alongwith interest if any, shall be made over to the Tribunal which shall pass appropriate orders for transfer to the appellant.

Priya Soparkar 3 31 fast 22993-18 with ia 1930-19.odt 6.

Refund of Court Fees, as per Rules.

7.

The Judgment and Award dated 7th February, 2018 passed by the Motor Accident Claim Tribunal (MACT), Mumbai stands modified accordingly.

8.

The Appeal is disposed of in view of the Consent Terms, with no order as to costs.

9.

In view of the disposal of the First Appeal, the Interim Applications do not survive and are disposed of. (R.V. WANWADI) (V.V. PATIL) (ABHAY AHUJA, J.)