The National Insurance Co. Ltd. v. Sou Aruna Bhagwan Rothe And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1236 OF 2019 The National Insurance Company Ltd.

.... Appellant

Versus

Sau. Aruna Bhagwan Rothe & Ors. .... Respondents Appearances :- Ms. Poonam Mital, for the Appellant.

Mr. Devendranath S. Joshi, for the Respondent Nos.1 to 3. WITH CIVIL APPLICATION NO.2867 OF 2019 IN FIRST APPEAL NO. 1236 OF 2019 Sau. Aruna Bhagwan Rothe & Ors.

.... Appellants

Versus

The National Insurance Company Ltd. .... Respondent Appearances :- Mr. Devendranath S. Joshi, for the Appellants. Ms. Poonam Mital, for the Respondent.

CORAM : SHRI V. B. KAKATKAR (Registrar, C.P.C.) SHRI KISHOR SHINDE (Deputy Registrar) SHRI D. N. KHER (Court Receiver) DATE : 14th December, 2019 PC :

1.

Learned advocates for original claimant and respondents are R. V. Patil

2 of 1 129 FA-1236-2019.doc present. Officer of Insurance Company is present. Original claimant is present. The consent terms are filed at Exhibit- "X". Both parties have admitted the contents of consent terms. Hence the matter is disposed of in terms of consent terms at Exhibit- "X". 2.

In addition to that both learned advocates submit that, the amount of Rs.2,25,000/- is already withdrawn by the original applicants. The Insurance Company is at liberty to withdraw the amount of Rs.1,16,532/-. The original claimants are at liberty to withdraw remaining amount with accrued interest as per Consent Terms.

3.

No order as to costs.

4.

The parties are identified by their respective advocates. 5.

Consent terms shall be part and parcel of this order and both parties are at liberty to withdraw the amount to which they are entitled to, as per consent terms.

(D. N. KHER) (KISHOR SHINDE) (V. B. KAKATKAR) R. V. Patil