The New India Assurance Co Ltd Through Divisional Manager v. Bharti Ganesh Chaudhari Others

2024:BHC-AUG:18833 ( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 27.07.2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 1086 OF 2024 THE NEW INDIA ASSURANCE CO. LTD THROUGH DIVISIONAL MANAGER

VERSUS

BHARTI GANESH CHAUDHARI AND OTHERS ...

Mr. S. V. Kulkarni, Advocate for the appellant Mr. R. K. Dhage, Advocate for respondents

O R D E R

(27th JULY, 2024) 1.

Not on board. Taken on board.

2.

This appeal is placed before us in today's National Lok Adalat. Mr. Kulkarni, learned advocate for the appellant is present. Mr. Dhage, learned advocate for the respondents is present. 3.

The learned advocates for both the parties submit that they have amicably settled the lis and accordingly placed on record the compromise terms. The compromise terms are taken on record and marked as 'X' for the purpose of identification. 4.

The authorized officer of the Insurance Company Mr. Dinesh S. Bankar, Asst. Manager is personally present before the today's

( 2 ) National Lok Adalat by filing his authority letter dated 26-07-2024. 5.

As per the terms of compromise the Insurance Company agrees to pay an amount of Rs.35,00,000/- [Rupees Thirty Five Lakhs Only] inclusive NFL amount without interest and cost. The present respondents agree to accept an amount of Rs.35,00,000/- as full and final satisfaction of their claim.

6.

The Insurance Company shall deposit said amount of in this Court within 60 days from the date of receipt of certified copy of this order.

7.

The respondents herein shall be entitled to withdraw the said amount in same proportion.

8.

After deposit of total amount of Rs.35 lakhs, an amount of Rs. 15 lakhs be deposited in the name of minor-Bhargavi, till she attains majority and amount of Rs.5 lakhs be deposited in the name of mother for three years. Interest on the amount of fixed deposit in the name of minor Bhargavi to be credited to the account of mother for her education till she attains majority. Remaining amount of Rs.15 lakhs be disbursed to the claimant No.1-Bharti.

9.

Remaining amount above Rs.35 lakhs, be refunded to the Insurance Company if deposited in this court.

( 3 ) 10.

If there is any deficit court fees same shall be deposited and thereafter there shall be refund of court fees. 11.

First appeal with pending civil applications, if any stand disposed off.

12.

Award be drawn up accordingly.

13.

Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

[A. B. KADETHANKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel VishalK/fa1086.24