National Insurance Co. Ltd., Br Mngr, 201, A-Wing, Ambar Plaza, Station Road, Ahmednagar v. Mangal Babasaheb Shirshath And ORS

1 926-FA 1634-2023.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30.04.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 1634 OF 2023 National Insurance Company Ltd., Ahmednagar .. Appellant

Versus

Smt. Mangal Babasaheb Shirshath and others .. Respondents Mr. S. N. Pagare, Advocate for the Appellant. Mr. Anil M. Soni, Advocate for Respondent Nos. 1 to 5 & 7.

O R D E R

( 30th April, 2023 ) .

This appeal is placed before us in today's National Lok Adalat. Mr. Pagare, learned counsel for the appellant/Insurance Company is present. Mr. Soni, learned counsel for respondents/original claimants is present. Officer of the Insurance Company Mr. Idris Khan is also present.

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.

2 926-FA 1634-2023.odt 3.

Both the parties are admitted the terms of compromise. It is admitted that the parties have settled their dispute as full and final settlement for an amount of Rs. 22,00,000/- (Rs. Twenty Two Lakh only) and remaining amount of Rs. 5,25,166/- (Rs. Five Lakh Twenty Five Thousand One Hundred Sixty Six only) be returned to the appellant/Insurance Company.

4.

As per the order of M.A.C.T. Ahmednager the amount of compensation has been awarded for an amount of Rs. 18,57,600/- and the same has been deposited in this Court. Now it is settled that out the amount of claimed original claimants are entitled for an amount of Rs. 22,00,000/- (Rs. Twenty Two Lakh only). The remaining amount be refunded to the appellant/Insurance Company. 5.

The registry is directed to transfer an amount of Rs. 22,00,000/- to the M.A.C.T., Ahmednagar. The M.A.C.T., Ahmednagar is directed to paid as per the terms of award.

6.

The appeal is disposed off in the terms of compromise terms ("X"). Decree be drawn accordingly.

7.

The Chairman/Member, M.A.C.T., Ahmednagar be informed accordingly.

3 926-FA 1634-2023.odt 8.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959.

( A. R. BORULKAR ) ( S. G. SHETE ) ( KISHORE C. SANT, J. ) Advocate D.J. (Retd.) Head of Panel Member Member P.S.B.