The New India Assurance Co Ltd Through Its Branch Manager v. Shama Haidar Shaha And ORS

2025:BHC-AUG:35557 (1) BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF BOMBAY BENCH AT AURANGABAD Organized by High Court Legal Services Sub-Committee, Aurangabad under section 19, of the Legal Services Authorities Act, 1987 (Central Act) Appellant : The New India Assurance Co. Ltd Respondent : Shama Naaj W/o Haidar Shaha and other.

No .of proceedings First Appeal No. 156 of 2025 Present :- Name of Hon'ble High Court Judge: SHRI Y.G. KHOBRAGADE Retired Judicial Officer: Shri. Kishor R. Chaudhari Name of Member : Shri. A.R. Borulkar ...

Advocate for the Appellant : Mr. R.R. Imale Advocate for Respondent Nos. 1 to 4 : Mr. P. c. Mayure ...

AWARD The dispute between the parties having been referred for determination to the Lok Adalat.

1.

Not on board. With the consent of both the parties taken on board.

2.

The learned counsel for the appellant Mr. R.R. Imale, along with representative of the appellant Mr. Dinesh s. Bankar, Assistant Manager, The New India Assurance Co. Ltd and learned counsel for Respondent Nos. 1 to 4 Mr. P. C. Mayure, along with respondent Nos. 1 to 4 are present today.

(2) 3.

With the assistance of the learned counsels, we have ascertained identification of the appellant and respondent Nos. 1 to 4. They affirm the terms of the settlement.

4.

The appellant/ Insurance Company and respondent Nos. 1 to 4 ( original claimants) have filed pursis for compromise of the claim along with affidavit and letter of authorization. It is taken on record and marked Exhibit 'X' for identification. 5.

By the present appeal, the appellant/ Insurance Company takes exception to the judgment and award dated 03.01.2024, passed by the learned Member, Motor Accident Claims Tribunal, Aurangabad in Motor Accident Claim Petition No. 353 of 2022, whereby the appellant/ Insurance Company is under direction to pay compensation of Rs. 32,14,000/- along with interest @ 6% per annum from the date of petition till its entire realization, including No Fault Liability amount.

6.

Today, the appellant/ Insurance Company and respondent Nos. 1 to 4/ (original claimants) have filed pursis Exhibit 'X' and agreed to settle the dispute for an amount of Rs. 30,00,000/- ( Rupees Thirty Lakh only). Respondent Nos. 1 to 4/ (original claimants) have agreed for said settlement.

7.

The appellant/Insurance Company has deposited entire

(3) compensation as per award dated 03.01.2024 along with interest thereon I.e. Rs. 36,48,960/ and the said amount is lying before this Court. Therefore, the amount of Rs. 30,00,000/- ( Rupees Thirty Lakhs only) be paid to respondent Nos. 1 to 4, including the amount, which have been withdrawn earlier, and remaining amount be refunded to the appellant/Insurance Company with interest accrued, if any, thereon. Accordingly, award be drawn up and the said amount be paid to the claimants/respondents as per apportionment granted under award dated 03.01.2024. Therefore, the present First Appeal stands disposed of in terms of the settlement Exhibit 'X'. 8.

Civil Applications, pending if any, also stand disposed of. 9.

Court fees shall be refunded to the appellant as per rules. 10.

Award be drawn up accordingly.

(A. R. BORULKAR) (K. R. CHOUDHARI) (Y.G. KHOBRAGADE) MEMBER RETIRED DISTRICT JUDGE HEAD OF THE PANEL Date: 13.12.2025 (Seal of the Authority/Committee) Ysk/