Icici General Insurance Co Ltd v. Ravindra Shankar Yeole And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 FIRST APPEAL NO.1539 OF 2010 WITH CA/10663/2010 IN FA/1539/2010 ICICI GENERAL INSURANCE CO LTD

VERSUS

RAVINDRA SHANKAR YEOLE AND ORS Mr.R.H. Dahat, Advocate for the appellant.

Mr.Manoj Shinde h/f. Mr.P.B. Kakade, Advocate for respondent No.1.

CORAM : V.L.ACHLIYA,J.

DATED :

15.01.2021 P.C. :- 01.

Learned counsel for the appellant-insurance company and respondent No.1 are present. They submit that the appellant and respondent No.1/claimant have settled the subject matter of the appeal. It is decided to settle the claim fully and finally for Rs.12,00,000/- (Rupees Twelve Lakhs). The consent terms filed on record marked as "X" for identification.

02.

Respondent No.1/claimant present along with his advocate confirms that the terms of settlement reached between the parties to settle the claim fully and finally for Rs.12 lakhs. He admits his signature on the consent terms and further confirms that he has voluntarily entered into settlement.

( 2 ) 03.

The consent terms also signed by the officer of the appellant as well as their advocate. The advocate for respondent No.1 also signed the consent terms. The consent terms filed are supported with verification and affirmation. The terms of compromise were identified and verified before the Registrar (Judicial). The report of the Registrar (Judicial) is marked as "Y" for identification.

04.

The settlement reached between the parties appears to be voluntary in the interest of the parties. I am, therefore, inclined to pass following order :-

O R D E R

(i) The appeal is disposed of in terms of consent terms marked as "X" for identification. (ii) The claim is fully and finally settled at Rs.12,00,000/- (Rupees Twelve Lakhs) inclusive of amount awarded under 'No Fault Liability'.

(iii) Respondent No.1 is allowed to withdraw Rs.25,000/- (Rupees Twenty Five Thousand) deposited by the appellant-insurance company in

( 3 ) Court towards statutory deposit and same to be adjusted towards amount to be payable to respondent No.1-claimant.

(iv) Parties to bear their respective costs.

(v) The appeal is dismissed to the extent of respondent Nos.2 & 3.

(vi) Decree be drawn in above terms.

(vii) Civil Application, if any, pending be marked as disposed of.

[V.L.ACHLIYA,J.] snk/2021/JAN21/fa1539.10