Bajjaj Allianz General Insurance Co.Ltd. v. Smt. N. Laxmi Konar And ORS.

180-fast-28295-19 @ ia-2199-2019 & ia-2200-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.28295 OF 2019 WITH INTERIM APPLICATION NO.2199 OF 2019 WITH INTERIM APPLICATION NO.2200 OF 2019 IN FIRST APPEAL (ST) NO.28295 OF 2019 Bajaj Allianz General Insurance Co. Ltd. .. Appellant/Applicant Vs.

Smt. N. Laxmi Konar & Ors.

.. Respondents ---- MAMTA AMAR KALE MAMTA AMAR KALE Date: 2021.12.20 10:21:23 +0530 Mr. Devendranath S. Joshi, for the Appellant / Applicant. Ms. Varsha Chavan, for Respondent Nos.1 to 3. ---- CORAM : C.V. BHADANG, J.

(HEAD OF THE PANEL) Y.A. RANE, REGISTRAR, LEGAL & RESEARCH DEPARTMENT (MEMBER) H.V. KULKARNI DEPUTY REGISTRAR, CPC(MEMBER) DATE : 11 DECEMBER 2021 P.C.

.

The parties have produced the Consent Terms on record which are marked 'X' for identification. They are signed by the parties and their counsel. We have verified the correctness of the contents from the parties except Respondent No.3 who is stated to be not able to Mamta Kale

180-fast-28295-19 @ ia-2199-2019 & ia-2200-2019.doc attend the Court. We also find that there is no specific order of apportionment made by the Tribunal. We note that at the relevant time, the original Claimant No.2 and 3 were minors and have since attained majority. The parties therefore submit that the issue of the verification of the Respondent No.3 by Video Conferencing and the issue of apportionment may be left to be decided at the time of disbursement of the compensation by the Tribunal. The statement so made is accepted.

2.

The Appeal is accordingly disposed of in view of the Consent Terms, with no order as to costs.

3.

The Appellant shall be entitled to refund of Court Fees, as per Rules. The statutory compensation alongwith interest if any, shall be made over to the Tribunal which shall pass appropriate order for payment of the same.

4.

It will be open for the Tribunal to record the verification of the Respondent No.3 physically or by Video Conferencing and to pass an order for apportionment of the compensation after hearing the parties.

5.

All pending Civil Applications are disposed of. A decree be drawn accordingly.

Y.A. RANE H.V. KULKARNI C.V. BHADANG, J.

Mamta Kale