Icici General Insurance Company Limited Mumbai v. Neeta Vijay Rupekar And ORS

1 921-FA-2082-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2082 OF 2014 WITH CIVIL APPLICATION NO. 11735 IN FIRST APPEAL NO. 2082 OF 2014 ICICI GENERAL INSURANCE COMPANY LIMITED MUMBAI

VERSUS

NEETA VIJAY RUPEKAR AND ORS ...

Advocate for Appellant : Mr. Swapnil S. Patil Advocate for respondents No. 1 to 3 : Mr. P.C. Mayure ...

CORAM : K.K. SONAWANE, J.

DATED : 3rd NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the appellant and respondents No. 1 to 3 original claimants. No one else turned up on behalf of respondents No. 4 and 5.

2.

Learned counsel for the appellant submits that matter was referred to the mediator for amicable settlement of the dispute in regard to determination of compensation amount arising out the vehicular accident. The dispute came to be settled amicable and compromise-deed was filed before the mediator. It was agreed that appellant shall pay balance amount of Rs. 5,50,000/- to respondents No. 1 to 3 - original claimants including amount of Rs. 25,000/- already deposited in the court as statutory amount. Both the learned counsel contend that the appeal be disposed of

2 921-FA-2082-14 in terms of compromise arrived at in between parties, after negotiation in presence of mediator. The report of mediator as well as compromise deed are already on record, the same is marked as "X" for identification. Accordingly, appeal stands disposed of in terms of compromise (marked as Exhibit- 'X'). No order as to costs.

3.

The amount of compensation, if any, deposited in this Court on behalf of appellant- Insurance Company be disbursed amongst original claimants as per terms of compromise arrived at in between parties as referred supra. Registry to do the needful for disbursement of amount amongst respondents-original claimants as mentioned above.

4.

Pending civil application, if any, stands disposed of. Sd/- [ K. K. SONAWANE ] JUDGE mtk.