New India Assurance Company Limited v. Smt Hemlata Nitin Paralikar And ORS.

3 FA 576 OF 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.576 OF 2018 New India Assurance Co.Ltd.

...

Appellant.

V/s.

Hemlata Nitin Paralikar and ors ...

Respondents Mr. A. K. Sharma i/by Gandhi & and Associates, for the appellant.

Mr. D. S.Manerkar i/by D.S.Manerkar & Associates, for respondent Nos. 1 to 3.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 17th JANUARY, 2019.

P.C. :

1] Learned counsel for both parties are present before the Court, alongwith original claimant -respondent No.1 Hemlata and respondent No.2 Prathami Nitin Paralikar. As respondent No.3- Vimal Shankarrao Paralikar, is old lady of 84 years old, though she has signed the Consent Terms, she is not able to remain present and therefore, she has given Power of Attorney in favour of respondent No.2 . The said Power of Attorney is also produced on record. 2] The order passed by this Court on 8th December, 2018 shows that the matter was amicably settled between the appellant Insurance Company and the respondent. However, on that day, as respondent Nos. 2 and 3 were not present, the Consent Terms could 1/2

3 FA 576 OF 2018 not be read and recorded though they were marked "X" for identification and liberty was given to the parties to move regular Court, for recording the Consent terms and passing award. 3] The parties before the Court and their learned counsel submit that the matter has been settled and all of them have signed the Consent Terms and admitted contents therein. In view thereof, the appeal is disposed off. The decree be drawn in terms of the Consent Terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2