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Bombay High CourtCAF/427/2018disposed off

Brihan Mumbai Mahanagar Palika Thr.General Manager,Best Undertaking v. Smt.Hakimunnisa Riyaz Khan And ORS.

2017-12-09Hon'Ble Shri Justice M. S. Karnik,Retired Judge,Registrar(Judicial Ii Fa)3 pages

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 24062 OF 2017 IN FIRST APPEAL (ST) NO.24060 OF 2017 Brihan Mumbai Mahanagar Palika ..Appellant (Org. Opp. Party) Vs.

Smt. Hakimunnisa Riyaz Khan & Ors.

..Respondents (Org. Applicants) WITH CIVIL APPLICATION (ST) NO. 24063 OF 2017 IN FIRST APPEAL (ST) NO.24060 OF 2017 Brihan Mumbai Mahanagar Palika ..Appellant (Org. Opp. Party) Vs.

Smt. Hakimunnisa Riyaz Khan & Ors.

..Respondents (Org. Applicants) ------------------ Mr. Madhukar Kalzunkar i/by Mr. Navdeep Vora Association, Advocate for the applicant.

Mr. A.A. Hamdani, Advocate for respondent Nos. 1 to 3. ------------------- CORAM :

M.S.KARNIK, J.

S.S. DESHMUKH (Retired DJ) & A.N. MARE (Registrar) DATE :

9th DECEMBER, 2017.

1/3

P.C. :- Not on board. Taken on board.

2.

On behalf of the respondents, Vakalatnama is filed by Advocate A.A. Hamdani. It is marked as Exh.X. Appellant is present. Parties have filed consent terms, which is taken on record and marked as Exh.X-1 for identification. As per the consent terms, the parties have settled their dispute for an amount of Rs.7,75,000/- which is inclusive of amount paid towards No Fault Liability. The distribution of the said amount is also clarified in the consent terms as respondent No.1 - Rs.4,35,000/-, respondent No.2 - Rs.1,45,000/- and respondent No.3 - Rs.1,45,000/-. The respondent Nos. 1 to 3 are present. They admitted the consent terms. Accordingly, award stands modified. The respondents are entitled to the amount as stated above. The said amount be deposited by the appellant within four weeks from the date of this order. Thereafter, the respondent Nos.1 to 3 are allowed to withdraw the amount as stated above. The amount of Rs.25,000/- deposited towards 2/3

statutory deposit be transferred to the Tribunal. Appellant is allowed to withdraw the statutory deposit on depositing the amount agreed in settlement. The Court fee be refunded as per rules.

3.

The appeal stands disposed of accordingly in terms of the consent terms along with civil applications, if any. (A.N. MARE) (S.S. DESHMUKH) (M.S.KARNIK,J.) 3/3