Sangita W/O Atmaram Nalawade And ANR v. The Reliance Eneral Insurance Co Ltd Through Its Branch Manager And ORS

2024:BHC-AUG:30909 928- FA-921-24 -1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY SHRI V. B. MANTRI DISTRICT JUDGE (RETIRED), HELD ON 14.12.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 928 FIRST APPEAL NO. 921 OF 2024 WITH CIVIL APPLICATION NO. 3098 OF 2024 IN FA/921/2024 WITH CIVIL APPLICATION NO. 5001 OF 2024 IN FA/921/2024 RELIANCE GENERAL INSURANCE CO LTD THROUGH BRANCH MANAGER ....Appellant

VERSUS

SANGITA ATMARAM NALAWADE AND OTHERS .....Respondents .....

Advocate for Appellant : Mr. A. S. Usmanpurkar Advocate for Respondent Nos. 1 and 2 : Mr. Shaikh Kayyum Najir ....

ORDER

1.

Learned Advocate Mr. A. S. Usmanpurkar is authorized by the appellant/Insurance Company. Respondent Nos. 1 and 2 (Original claimants) are present and they are identified by Advocate Mr. S. K. Najir appearing on behalf of respondent Nos. 1 and 2. 2.

Both the parties are arrived at compromise and filed compromise pursis which is taken on record and marked as Exhibit "X" for identification.

3.

Appeal is disposed of in terms of compromise. As per agreed terms of compromise, appellant/Insurance Company already deposited an amount of Rs. 50,34,173/- (Fifty Lakhs Thirty Four

928- FA-921-24 -2Thousand & One Hundred Seventy Three only) in this Court out of which both the original claimants i.e. respondent Nos. 1 and 2 are entitled to receive compensation of Rs. 42,34,173/- (Forty Two Lakhs, Thirty Found Thousand & One Hundred Seventy Three only) with accrued interest thereon deposited by the appellant towards full and final settlement and rest of the amount i.e. Rs. 8,00,000/- (Rupees Eight Lakhs) along with accrued interest thereon be refunded to the appellant/Insurance Company.

4.

Both the parties are liberty to withdraw the deposited amount as per terms of compromise.

5.

First Appeal is disposed of as per the compromise between the parties. Pending Civil Applications also stand disposed of. 6.

Award be drawn up accordingly.

7.

The request of refund of Court fees shall be processed by the office in accordance with law.

(A.R. BORULKAR) (S. G. SHETE) (V. B. MANTRI) Advocate District Judge (Retd.) District Judge (Retd Member Member Head of the Panel Date: 14.12.2024 Place: Aurangabad Y.S. Kulkarni/ P.A.