National Insurance Co. Ltd. v. Deepali Manoj @ Vikas Shirsath And Others

2025:BHC-AUG:35553 (1) BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF BOMBAY BENCH AT AURANGABAD Organized by High Court Legal Services Sub-Committee, Aurangabad under section 19, of the Legal Services Authorities Act, 1987 (Central Act) Appellant : National Insurance Co. Ltd Respondents : Smt. Deepali Manoj @ Vikas Shirsath and others No. of proceedings First Appeal No. 1226 of 2016 Present :- Name of Hon'ble High Court Judge: SHRI Y.G. KHOBRAGADE Retired Judicial Officer: Shri. Kishor R. Chaudhari Name of Member : Shri. A.R. Borulkar AWARD The dispute between the parties having been referred for determination to the Lok Adalat.

1.

The learned counsel for the appellant Mr. A.B. Gatne along with representative of appellant-National Insurance Co. Ltd Mr. Indris Khan, Assistant Manager are present. Learned counsel for the respondents and respondents are present.

2.

With the assistance of the learned counsels, we have

(2) ascertained identification of the representative of appellant and respondents.

3.

The learned counsel appearing for the respondents has filed pursis stating that respondent No.2/ claimant Smt. Shila Sharad Shirsath died on 08.03.2025 living behind her legal heirs Shashikant Sharad Shirsath and Reena Yogesh Shegokar.

4.

The learned counsel appearing for the appellant/ Insurance Company seeks leave to bring the legal heirs of deceased respondent No.2 during the Court hours. The appellant/ Insurance Company permitted to carry out the necessary amendment in cause title of the appeal during the course of the day. 5.

The appellant/Insurance Company and the respondent/ original claimants, jointly filed compromise pursis. It is taken on record and marked Exhibit 'X' for identification. 6.

The appellant/ Insurance Company filed present appeal challenging the judgment and award dated 27.08.2014 passed by the learned Member, Motor Accident Claims Tribunal, Shrirampur, District Ahilyanagar in Motor Accident Claim Petition No. 171 of 2011 whereby respondents/ appellants are granted compensation of Rs. 18,37,200/- (Eighteen Lakhs Thirty Seven Thousand Two Hundred)

(3) (inclusive No Fault Liability amount) with interest at the rate of 9% per annum from the date of petition till its realization. 7.

The appellant/ Insurance Company has deposited entire compensation amount before this Court along with interest and costs. Out of which, the respondents/claimants have withdrawn the amount of Rs. 10,00,000/-(Rupees Ten Lakh only) along with accrued interest thereon and remaining amount is lying with this Court. 8.

As per the compromise pursis Exhibit 'X', the respondents/claimants are agreed to waive/return amount of Rs. 4,00,000/- ( Rupees Four Lakh only) to the appellant, which can be deducted from the amount of compensation lying before this Court and rest of the amount would be paid to the respondents/claimants along with interest as per the apportionment under award dated 27.08.2014. Accordingly, award passed by the learned Tribunal be modified.

9.

In view of the above, the present First Appeal stands disposed of in terms of pursis Exh'X'. Civil Applications pending if any, also stand disposed of.

10.

Award be drawn accordingly.

(4) 11.

The parties are informed that the Court fee, if any, paid by any of them, shall be refunded.

(A. R. BORULKAR) (KISHOR R. CHOUDHARI)(Y.G. KHOBRAGADE) MEMBER RETIRED DISTRICT JUDGE HEAD OF THE PANEL Date: 13.12.2025 (Seal of the Authority/Committee) Ysk/