Mandakine Deelip Kumthekar And ORS v. Sayed Ahamood Syed Hanumiya And ANR

FA-254-11.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE M. G. SEWLIKAR, HELD ON 08.02.2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.254 OF 2011 MANDAKINE DEELIP KUMTHEKAR AND OTHERS VS.

SAYED AHAMOOD SYED HANUMIYA AND ANOTHER ...

Shri V. D. Gunale, Advocate for Appellants Shri. S. G. Chapalgaonkar, Advocate for Respondent No.2 ...

O R D E R

(08th February, 2020) 1.

Appellants No.1 to 5 are present. They are identified by Shri V. D. Gunale, Advocate for appellants.

2.

Respondent No.2 is present through its authorised officer, Shri Vikrant Vyas. He is identified by Shri. S. G. Chapalgaonkar, Advocate for respondent No.2.

3.

Both the parties admit the terms of compromise and their respective signatures. The compromise pursis is produced on record and marked as Exhibit 'X' for identification. 4.

In view of terms of compromise at Exhibit 'X', claim is settled in full and final settlement of Rs.10,20,000/- (Rupees Ten Lakh Twenty Thousand Only), out of which Rs.3,70,000/- (Rupees

FA-254-11.odt Three Lakh Seventy Thousand Only) has already been paid by respondent No.2 insurance company. Respondent No.2, now, do pay additional compensation of Rs.6,50,000/- (Rupees Six Lakh Fifty Thousand Only) in full and final settlement of claim inclusive of NFL amount, interest, cost and other incidental expenses. The claim amount shall be apportioned in equal proportion among the appellants.

5.

The amount of Rs.6,50,000/- (Rupees Six Lakh Fifty Thousand Only) shall be deposited by respondent No.2 before the Tribunal within a period of six weeks from the date of receipt of copy of award, failing which it shall carry interest as directed by the Ex-Officio Member of Motor Accident Claims Tribunal, Udgir till realisation of the entire amount.

6.

the first appeal is disposed of. Civil Application, if any, also stands disposed of.

7.

Court fees be refunded as per rules.

(Smt. S.G. CHINCHOLKAR,) (A.T.A.K. SHEKH) (M.G. SEWLIKAR, J.) Advocate, D.J. (Retd.) Head of the Panel Member Member SVH