Icici Limbard General Insurance Co. Ltd. v. Jaidrath Tulshiram Mahapure And ANR

1 990-FA 451-2012.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 11.02.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 451 OF 2012 ICICI Lombard General Insurance Co. Ltd., Through its Legal Officer, Aurangabad .. Appellant

Versus

Jaidrath Tulshiram Mahapure and another .. Respondents Mr. Rohit H. Dahat, Advocate for the Appellant. Mr. Fayaz K. Patel, Advocate h/f Mr. R. P. Adgaonkar, Advocate for Respondent No. 1.

O R D E R

( 11th February, 2023 ) .

This appeal is placed before us in today's National Lok Adalat. Mr. Dahat, learned counsel for the appellant/Insurance Company is present. Mr. Patel, learned counsel holding for Mr. Adgaonkar, learned counsel for respondent No. 1/original claimant is 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.

2 990-FA 451-2012.odt 3.

The appeal is disposed of in the terms of compromise terms ("X").

4.

The appellant/Insurance Company has already deposited an amount of Rs. 5,80,434/- (Rs. Five Lakh Eighty Thousand Four Hundred Thirty Four only) before the Commissioner for Workmen Compensation, Latur in W.C.A. No. 123/2009. As per the terms of compromise, the appellant/Insurance Company is entitled to receive an amount of Rs. 1,16,087/- (Rs. One Lakh Sixteen Thousand Eighty Seven only). The amount is already deposited in W.C.A., Latur. The original claimant is entitled to receive the same as per the award passed by the Commissioner for Workmen Compensation, Latur with accrued interest thereon.

5.

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

6.

The civil application/s, if any, stand/s disposed of. ( A. R. BORULKAR ) ( S. G. SHETE ) ( KISHORE C. SANT, J. ) Advocate D.J. (Retd.) Head of Panel Member Member P.S.B.