Bapurao Gahininath Yeole And ORS v. Union Of India Thr General Manager, Central Railway, Mumbai And ORS

2024:BHC-AUG:16417 FAST 8601-2024 -1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HELD ON 27.07.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL (STAMP No.)8601 OF 2024 WITH CIVIL APPLICATION NO. 3613 OF 2023 WITH CIVIL APPLICATION NO. 3614 OF 2023 BRANCH MANAGER THE NEW INDIA ASSURANCE CO.LTD

VERSUS

VIJAY PUNDLIK MAHAJAN AND OTHERS Mr. M. M. Ambore Advocate for the Appellant Mr. S. S. Dargad for Respondent No.1 ....

ORDER

1.

Not on board. Taken on board with the consent of the parties. 2.

This appeal is placed before today's National Lok Adalat dated 27.07.2024.

3.

Learned Advocate Mr. M.M. Ambore, for the appellant, Insurance Company along with the authorized person Mr. Dinesh Bankar is present. The respondent No.1/claimant is also present before the Court along with his learned Adv. Shri.S. S. Dargad. 4.

The rival parties have amicably settled the lis and accordingly placed on record settlement terms entered into between the parties along with the authority letter in the name of Shri. Dinesh Bankar by the appellant, Insurance Company. The same is taken on record and marked 'X' for identification. The contents are also verified from

FAST 8601-2024 -2the parties and they admitted the same.

5.

As such, the appeal is disposed of in terms of aforesaid settlement terms 'X'. The award be drawn up accordingly. The appellant, Insurance Company is entitled to withdraw the amount of Rs. 7,94,341/- (Seven Lakh Ninety Four Thousand Three Hundred Forty One) along with the interest accrued thereon till date from the deposited amount of Rs. 71,94,341/-. (Seventy One Lakh, Ninety Four Thousand, Three Hundred and Forty One). The respondent No.1/claimant is entitled to withdraw the remaining amount of Rs. 64,00,000/- (Sixty Four Lakhs) towards full and final settlement in lump-sum.

6.

The Court fees be refunded to the appellant, Insurance Company as per rules. Accordingly, the appeal stands disposed of along with the pending Civil Application, if any. (A.R. BORULKAR) (V.B.MANTRI) (SANDIPKUMAR C. MORE) Advocate District Judge (Retd.) Judge Member Member Head of the Panel Date: 27.07.2024 Place: Aurangabad YSK/