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Bombay High CourtCAF/4582/2016disposed off

The Oriental Insurance Co. Ltd. v. Shri. Rajendra Hiralal Bhavsar And ANR.

2017-12-09Hon'Ble Shri Justice M. S. Karnik,Retired Judge,Registrar(Judicial)2 pages

41. CAF 4582-16 in FAst 26810-16.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4582 OF 2016 IN FIRST APPEAL NO.26810 OF 2016 The Oriental Insurance Co. Ltd.

..Applicant Vs.

Shri Rajendra Hiralal Bhavsar & anr.

..Respondents WITH CIVIL APPLICATION NO. 4583 OF 2016 IN FIRST APPEAL NO.26810 OF 2016 The Oriental Insurance Co. Ltd.

..Applicant Vs.

Shri Rajendra Hiralal Bhavsar & anr.

..Respondents ------------------ Ms. Poonam Mital, Advocate for the applicant. Mr. T.J. Mendon, Advocate for respondent No.1. ------------------- CORAM :

M.S.KARNIK, J.

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

9th DECEMBER, 2017.

1/2

41. CAF 4582-16 in FAst 26810-16.doc P.C. :- Learned Counsel appearing for the applicant as well as respondents have placed on record the consent terms dated 9/12/2017 duly signed by the claimant and the Insurance Company. The claimant is present. The representative of the Insurance Company is also present. The appeal is accordingly disposed of in terms of the consent terms which is placed on record and marked as Exh.X for identification. The Tribunal award is accordingly modified for the sum of Rs.3,63,110/- (Rupees three lacs sixty three thousand one hundred and ten only) with interest at the rate of Rs.7.5% per annum from the date of the application till the realization with proportionate costs. The consent terms provided that the said amount is to be deposited within a period of two months from today. 2.

The appeal is disposed of in terms of the consent terms Exh.X and the applications, if any, are disposed of accordingly. The statutory deposit be transferred to the concerned Tribunal. The Court fee be refunded as per rules. (A.N. MARE) (S.S. DESHMUKH) (M.S.KARNIK,J.) 2/2