Bharti Axa General Insurance Co. Ltd Thr Its Manager, Pune v. Raosaheb Nagorao Shimple And ORS

1 PB-207-FAST-8922-17

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 12TH DECEMBER, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD PB-207- CIVIL APPLICATION NO. 7158 OF 2017 IN FIRST APPEAL STAMP NO. 8922 OF 2017 WITH CA/ 6455/2019 BHARTI AXA GENERAL INSURANCE COM. LTD.

...

APPELLANT

VERSUS

RAOSAHEB NAGORAO SHIMPLE AND OTHERS ...

RESPONDENTS .....

Counsel for appellant : Mr. R. H. Dahat Counsel for respondents/Original Claimants : Mr. Kadam Gajanan G. ...

O R D E R

1.

So far as civil application for delay condonation is concerned, by consent of both the sides, delay stands condoned. Civil application for delay condonation stands disposed of.

2.

The registry to register the appeal as per procedure forthwith. 3.

So far as the first appeal stamp number is concerned, this appeal proceeding is placed before us in today's National Lok-Adalat. Mr. R. H. Dahat, learned counsel for the appellant has placed on record withdrawal pursis. He submits that appellant / Insurance Company does not want to prosecute the appeal and intends to withdraw the same. The withdrawal pursis is taken on record and marked as Art. 'X' for identification. The appellant / Insurance Company accepted the award passed in MACP No. 56 of 2012 by MACT, Basmath, District Hingoli. 4.

The appeal stands disposed of as withdrawn.

2 PB-207-FAST-8922-17 5.

Mr. Dahat, learned counsel for the appellant submits that entire amount of compensation has been deposited in this High Court. That amount along with interest be transferred to the Chairman/Member, MACT, Basmath, District Hingoli.

6.

The Chairman/Member, MACT, Basmath, District Hingoli shall pass an appropriate order regarding disbursement of amount of compensation to the original claimants.

7.

If substantive appeal is filed by the original claimants subsequently, then in that case, the appellant/Insurance Company is entitled to restore its appeal.

8.

The Chairman/Member, Motor Accident Claim Tribunal, Basmath, District Hingoli be informed accordingly. 9.

The court fee refund certificate be issued as per the rules. 10.

The civil application/s, if any, stand/s disposed of. (S. P. Brahme) (S. G. Shete) (Shrikant D. Kulkarni J.) Advocate District Judge(Retd.) JUDGE Member Member Head of the Panel Date: 12.12.2020 mta