Icici Limbard General Insurance Co. Ltd. v. Satyaprakash Shrirang Kamble And ANR

1 990-FA 452-2012.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. 452 OF 2012 ICICI Lombard General Insurance Co. Ltd., Through its Legal Officer, Aurangabad .. Appellant

Versus

Satyaprakash Shrirang Kamble 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 452-2012.odt 3.

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

4.

As per the terms of compromise, the appellant/Insurance Company has already deposited an amount of Rs. 5,88,334/- (Rs. Five Lakh Eighty Eight Thousand Three Hundred Thirty Four only) before the Commissioner for Workmen Compensation, Latur in W.C.A. No. 124/2009, out of which the appellant/Insurance Company is entitled to receive an amount of Rs. 1,17,667/- (Rs. One Lakh Seventeen Thousand Six Hundred Sixty Seven only). The Commissioner for Workmen Compensation is requested to refund the remaining amount to the original claimant with accrued interest thereon. The original claimant/respondent is entitled to withdraw the remaining amount in terms of compromise marked as Article "X" 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.