Reliance General Insurance Co. Ltd. v. Smt. Jasmine Mitul Modi And ORS.

1 17 fa 1031-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

2022.03.16 10:39:07 +0530 PRIYA RAJESH SOPARKAR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1031 OF 2018 Reliance General Insurance Company Limited ... Appellant Vs.

Smt.Jasmine Mitul Modi and ors.

... Respondents ------- Ms.Poonam R. Mital for the Appellant.

Mr.Sanjay P. Kolekar i/by Ms.Varsha Chavan for Respondent No.1. ------- 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 parties have tendered Consent Terms which are t.o.r. and marked 'X' for identification. They are signed by the appellant as well as the respondents

2 17 fa 1031-18.odt except respondent No.2 who is a minor and who is represented by respondent No.1-mother, and natural guardian of respondent No.2.

2.

The parties who are present before the Court admit the correctness of the contents thereof. The parties are identified by their counsel.

3.

The amount that has been settled between the parties is Rs.23,00,000/- alongwith entire amount of accumulated interest till the date of payment and which will be apportioned between the respondents in the manner set out in paragraph No. 6 of the said consent terms which is set forth as under :- "6.

The amount of Rs.23,00,000/- shall be apportioned amongst the Respondent claimants as follows: i.

Rs.9,00,000/- along with accumulated interest thereon be paid to Respondent No.1.

ii.

Rs.9,00,000/- along with accumulated interest thereon be paid to Respondent No.2 and reinvested.

iii.

Rs.2,50,000/- along with accumulated interest thereon be paid to Respondent No.3.

iv.

Rs.2,50,000/- along with accumulated interest thereon be paid to Respondent No.4."

3 17 fa 1031-18.odt 4.

With respect to the amount of Rs.9,00,000/- alongwith the accumulated interest to be paid to respondent No.2, the same shall be invested in a fixed deposit of a nationalized bank in the name of respondent No.2 till the time she attains majority.

5.

Tribunal is directed to distribute the said amount of Rs.23,00,000/- in the manner stated above.

6.

The statutory deposit of Rs.25,000/- be transferred over to the Tribunal alongwith interest, if any, which shall pass appropriate orders for payment of the same.

7.

The Judgment and Award dated 13th January, 2015 to be modified accordingly.

8.

Refund of court fees as per rules.

9.

Appeal is disposed of in the above terms with no

4 17 fa 1031-18.odt order as to costs.

(R.V. WANWADI) (V.V. PATIL) (ABHAY AHUJA, J.)