Cholamandalam General Insurance Co. Ltd., Thr Its Legal Manager, Aurangabad v. Radhabai Krushna Sable And ORS

(Order) (1) F.A. No. 02818 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

First Appeal No. 02818 of 2019 District : Jalna Cholamandalam General Insurance Co. Ltd., Shop No.4, Plot No.33, Rokdiya Hanuman Colony, .. Appellant Opp. LMS Jeweller, (Original Jalna Road, Aurangabad, respondent Through its Legal Manager.

no.03) versus

1. Smt. Radhabai W/o. Krushna Sable, Age : 43 years, Occupation : Household.

2. Shivaji s/o. Krushna Sable, .. Respondents Age : 22 years, (Nos.01 to 04 - Occupation : Labour.

Original claimants

3. Kailas s/o. Krushna Sable, & Age : 19 years, Nos.05 & 06 - Occupation : Education.

Original respondents

4. Smt. Salubai w/o. Patilba no.01 & 02) Sable, Age : 68 years, Occupation : Household.

All R/o. Barjala Sable, Taluka Bhokardan, Dist. Jalna.

5. Sambhaji s/o. Hasrat Patil, Age : Major, Occupation : Business, R/o. Post Bamrud, Raniche, Taluka Pachora, Dist. Jalgaon.

(Order) (2) F.A. No. 02818 of 2019

6. Chhotu s/o. Rajaram Badjugar, Age : 25 years, Occupation : Driver, R/o. Post Bamrud, Raniche, Taluka Pachora, Dist. Jalgaon.

...........

Mr. Abhijit G. Choudhari, Advocate, for the appellant.

Mr. Jiwan J. Patil, Advocate, for respondents no.01 to 04.

...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 14TH AUGUST 2019 ORAL ORDER :

01.

Parties to the appeal have arrived at compromise. Said compromise terms are marked as Exhibit "X" which has been duly verified through learned Registrar [Judicial]. The compromise is between the appellant and respondents no.01 to 04 - original claimants.

02.

In view of the said compromise, the appeal stands disposed of in terms of consent terms Exhibit "X". The judgment and award dated 29-06-2018 passed by the learned Member of Motor Accident Claims Tribunal, Jalna, in M.A.C.P. No. 151 of 2015, stands set aside and modified to the extent of the terms in the compromise Pursis Exhibit "X". Respondents no.01

(Order) (3) F.A. No. 02818 of 2019 to 04 are entitled to withdraw the amount as per the consent terms. So also, refund of the excess amount deposited by the appellant, shall be as per clause 05 of the terms and refund of court-fee as per rules. ( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / FA2818.19