Bajaj Alliance General Insurance Co Ltd Through Its Branch Manager v. Bakshu Isak Shiakh And Another
2024:BHC-AUG:17096
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE
SHRI JUSTICE KISORE C. SANT, HELD ON 27.07.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.
937 FIRST APPEAL NO. 1776 OF 2024 WITH CIVIL APPLICATION NO. 4020 OF 2024 IN FA/1776/2024 BAJAJ ALLIANCE GENERAL INSURANCE CO LTD THROUGH ITS BRANCH MANAGER
VERSUS
BAKSHU ISAK SHIAKH AND ANOTHER ...
Advocate for Appellant : Mr. Deshmukh Mohit R. Advocate for Respondent No.1/Orig. Claimant : Mr. Shaikh Kayyum Najir.
...
O R D E R
( 27 th JULY, 2024 ) 1.
This appeal is placed before us in today's National Lok Adalat. Mr. Deshmukh Mohit R., learned Advocate for the appellant/ Insurance Company is present. Mr. Shaikh Kayyum Najir, learned counsel for respondent No. 1/ original claimant is present. Respondent No. 1 is personally present and is identified by learned Advocate Mr. Shaikh Kayyum Najir.
2.
The learned Advocates for both the parties submit that they have amicably settled the lis and accordingly placed on record compromise terms. The compromise terms are marked as Article "X" for the purpose of identification. 3.
The authorized officer of the Insurance Company Mrs. Anuja Vikas Joshi, is personally present before National Lok Adalat by filing her authority letter. The appellant/Insurance Company has already deposited whole compensation amount before the Commissioner for Employee's Compensation and Judge, Labour Court, Aurangabad. 4.
As per the terms of compromise respondent No. 1/ the original claimant is entitled to withdraw amount of compensation i.e. Rs.13,50,000/ (Rs. Thirteen Lakhs and Fifty Thousands Only) without accured interest as full and final discharge of lability in terms of compromise pursis. The insurance Company is entitled to refund of an amount of Rs. 5,28,785/- (Five Lakhs, Twenty Eight Thousand, Seven Hundred and Eighty Five Only) alongwith interest on entire amount if any accrued from the date of deposit of the amount
and the receipt of the amount be issued to that effect. 5.
The Chairman/Member, Motor Accidents Claims, Tribunal be informed to disburse the amount of compensation to Respondent No. 1 with accrued interest accordingly. 6.
The First Appeal and pending Civil Application stand disposed off.
7.
Award be drawn up accordingly.
8.
The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act. (A.B.KADETHANKAR) ( S.G.SHETE ) ( KISHORE C. SANT, J. ) Member D.J. (Retd.) Head of the Panel Member Date : 27.07.2024.
Place : Aurangabad.
mahajansb/