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Bombay High CourtFA/39/2012disposed off

The Divisional Manager,The New India Assurance Co Ltd v. Heerabai Uttam Kothule And ORS

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

13. civil fa 39-12.doc Ajmberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 39 OF 2012 WITH CIVIL APPLICATION NO. 3135 OF 2019 The Divisional Manager, The New India Assurance Co Ltd ..

Appellant

Versus

Heerabai Uttam Kothule & Ors.

..

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

 Mr. S.M. Dange for the Appellant  Mr. Pritesh Rahade 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 for the 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 2 and their respective Advocates. Respondent

13. civil fa 39-12.doc Nos. 1 and 2 have been explained the terms in Marathi language as they could understand. The undertaking recorded in the consent terms are accepted. It is reiterated that since the amount that the Respondents shall receive by way of these Consent Terms has been written in handwriting, it is felt appropriate to reproduce the said paragraph of the Consent Terms. Paragraph 1 of the Consent Terms reads as under:- "1.

The Appellant shall withdraw amount of Rs. 70,000.00 (Rs. Seventy Thousand Only), with proportionate interest @ 7.5% p.a. from the above mentioned deposited amount. The Respondent Nos. 1 and 2 shall withdraw the balance amount being Rs. 6,43,390/- with accrued interest as and by way of full and final settlement of their claims against the Appellant and the Respondent Nos. 3 and 4 above named." 3.

Award be modified and drawn according to the Consent terms.

4.

First Appeal stands disposed of in the above terms. 5.

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

6.

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

7.

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 19:29:06 +0530 RAVINDRA MOHAN AMBERKAR