Cholamandalam General Insurance Co. Ltd. Thr Its Branch Manager, Aurangabad v. Sakubai Ratilal Mahale And ORS

907-FA-1843-17.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.1843 OF 2017 Cholamandalam GENERAL INSURANCE COMPANY LIMITED VS.

SAKUBAI RATILAL MAHALE AND OTHERS ...

Shri S. G. Chapalgaonkar, Advocate for Appellant Shri C. V. Bhadane, Advocate for Respondents ...

O R D E R

(08th February, 2020) 1.

Respondents No.1 to 6 (Original Claimants) are present. Each of them is identified by Shri C. V. Bhadane, Advocate for Respondents.

2.

The appellant insurance company is present through its authorised advocate Shri S. G. Chapalgaonkar. 3.

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

In view of the compromise pursis at Exhibit 'X', appellant insurance company has deposited amount of Rs.21,88,049/- (Rupees Twenty One Lakh Eighty Eight Thousand

907-FA-1843-17.odt Forty Nine only) in this Court as per the order passed by this Court dated 03.03.2017 and respondents (original claimants) will be entitled to receive Rs.18,50,000/- (Rupees Eighteen Lakh Fifty Thousand only) in full and final settlement of the claim inclusive of NFL amount, interest, cost and other incidental expenses. 5.

Accordingly, respondents (Original Claimants) are entitled to receive amount of Rs.18,50,000/- (Rupees Eighteen Lakh Fifty Thousand only) out of Rs.21,88,049/- (Rupees Twenty One Lakh Eighty Eight Thousand Forty Nine only) deposited by the appellant insurance company and remaining amount along with accrued interest shall be refunded to appellant insurance company. 5.

Details of apportionment of amount to be received by respondents (Original Claimants) is produced by the parties in tabular form. It is taken on record and marked as Exhibit 'Y'. Disbursement shall be made in terms of Exhibit 'Y'. 5.

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

6.

Court fees should 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