Magma Hdi General Insurance Co. Ltd., Thr Its Legal Officer v. Barkha Abdulah Badrus And ORS

-1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE S. G. MEHARE, HELD ON 01.08.2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 910 FIRST APPEAL NO.1050 OF 2021 WITH CA/6449/2021 IN FA/1050/2021 MAGMA HDI GENERAL INSURANCE CO. LTD., THR ITS LEGAL OFFICER

VERSUS

BARKHA ABDULAH BADRUS AND ORS ...

Advocate for Appellant : Mr. Dahat R.H.

Advocate for Respondent Nos.1 to 3 : Mr. Shaikh Afreen Fatema. ...

O R D E R

1.

This appeal is placed before us in today's Lok-Adalat. Mr. Dahat, the learned counsel for the appellant-insurance company is present. Mr. Shaikh Afreen, the learned counsel for the respondent Nos.1 to 3 - original claimants is also present. None for respondent Nos.4 and 5.

2.

The learned counsel for the appellant submits that the dispute is settled amicably with the original claimants-respondent Nos.1 to 3 at Rs.7,00,000/- towards the full and fnal settlement. The respondent-original claimants also accepted the same. The appellant has deposited Rs.25,000/- towards the statutory deposit with the High Court. The respondents-original claimants shall be entitled to withdraw the said amount. The learned counsels for

-2both the side have fled a joint pursis as regards to the apportionment of amount and thereby agreed the apportionment of the amount as per the award passed by the learned M.A.C.T., Aurangabad.

3.

The appellant-insurance company shall pay the balance amount of Rs.6,75,000/- with respondent Nos.1 to 3. In view of the above compromise terms, the appellant is not willing to proceed with the appeal. Respondent Nos.1 to 3 also have agreed the settlement. Hence, the following order :

ORDER

(i) The remaining amount be deposited directly in the account of respondent Nos.1 to 3 by the appellant. (ii) The amount be disbursed and apportioned as per the award passed by the learned M.A.C.T., Aurangabad. (iii) The Court fee refund certifcate be issued as per the provisions under the Maharashtra Court Fees Act, 1959.

-34.

In view of the above terms, the present appeal stands disposed of. The Civil Application, if any, stands disposed of. (S.P.Brahme) (S.G.Shete) (S.G.Mehare, J.) Advocate District Judge (Retd.) Judge Member Member Head of the Panel Date: 01.08.2021 Place: Aurangabad vmk/