Oriental Insurance Company Limited v. Smt. Survarna Vaibhav Salunke And ORS.

27 FA 305 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.305 OF 2018 Oriental Insurance Co. Ltd.

...

Appellant.

V/s.

Survarna Vaibhav Salunke and ors ...

Respondents Mr.Ashwani Kumar Sharma, for the appellant Mr. P. J. Thorat, for respondent Nos. 1 to 6. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 8st OCTOBER, 2018.

P.C. :

1] Respondent No.1-claimant for herself and for respondent Nos. 2 & 3 minors is present before the Court alongwith respondent Nos.4 and 5 the parents of the deceased.

2] Respondent Nos. 6 and 7 are the vehicle owners and their presence is dispensed with considering that the matter is amicably settled between the appellant insurance company and respondent claimants.

3] The consent terms filed by them is taken on record. They are marked as "X" for identification. Respondent No.1, 4 and 5, who are present before the Court, admit the contents thereof and that they have signed the same.

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27 FA 305 OF 2018.odt 4] As per consent terms the claimants are permitted to withdraw an amount of Rs.27,97,446/- with accrued interest thereon; whereas the balance amount of Rs.4,14,477/- with accrued interest thereon be refunded to the appellant insurance company. 5] In view thereof, Appeal stands disposed off.

6] The decree be drawn in terms of Consent Terms. 7] Issue Court fee refund certificate as per rules. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2