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Bombay High CourtFA/1030/2018disposed off

The New India Assurance Co. Ltd. v. Smt. Asha Shivaji Pansare And ORS

2021-12-11Hon'Ble Shri Justice Milind N. Jadhav,National Lok Adalat2 pages

as.fa.1030.18.doc S.S.KIlaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1030 OF 2018 The New India Assurance Co. Ltd.

.. Appellant

Versus

Asha Shivaji Pansare & Ors.

.. Respondents ....................

 Mr. S.M.Dange for the Appellant  Mr. Pritesh Bohade for the Respondents ...................

CORAM : SHRI. MILIND N. JADHAV, J.

SHRI. D.N. KHER (COURT RECEIVER) & SHRI. S.K. DHEKALE (Dy. REGISTRAR, COURT RECEIVER) DATE : 11th DECEMBER, 2021.

P.C.:

Heard learned counsel appearing for the respective parties. 2.

The matter has been compromised. Parties have filed the consent terms which are taken on record and marked "X" for identification. The Consent Terms are signed by the Chief Manager InCharge, Mumbai Legal Hub of the Appellant Insurance Company and Respondent Nos. 1 and 3, Respondent No.1 and Respondent No.2 alongwith their respective Advocates. Undertakings given in the Consent Terms are accepted.

as.fa.1030.18.doc 3.

For the sake of convenience, paragraph No.1 of the consent terms is reproduced below (since the various amounts are mentioned in handwriting) and reads thus :

"1. The Appellant shall withdraw amount of Rs.50,000.00(Rs. Fifty thousand only) with proportionate interest from the abovementioned deposited amount. The Respondent Nos. 1 to 3 shall withdraw the balance amount being Rs.3,64,894.00 with accrued interest as and by way of full and final settlement of their claims against the Appellant and the Respondent No.5 abovenamed."

4.

Award be modified and drawn in accordance with the consent terms.

5.

First Appeal stands disposed of in the above terms. 6.

In view of the disposal of the Appeal, pending Applications, if any, also stand disposed of.

7.

Statutory deposit be transferred to the concerned Tribunal within a period of one week from today.

8.

Court fee be refunded as per rules.

[ S.K. DHEKALE ] [ D.N. KHER] [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2021.12.11 21:06:29 +0530 RAVINDRA MOHAN AMBERKAR