Icici Lombard General Insurance Company Ltd Bombay Through Legal Officer v. Vimalbai Ankush Daund And ORS

1 PB-203-FAST-20622-11

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 12TH DECEMBER, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD PB-203 CA/9728/2011 IN FAST NO. 20622 OF 2011 WITH CA/9728/2011 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.

...

APPELLANT

VERSUS

VIMALBAI ANKUSH DAUND AND OTHERS ...

RESPONDENTS .....

Counsel for appellant : Mr. R. H. Dahat Counsel for respondents No. 1 to 3 : Mr. S. W. Munde ...

O R D E R

1.

So far as civil application for condonation of delay is concerned, with the consent of both sides, delay is condoned and application is disposed of.

2.

Registry is directed to register the appeal as per procedure forthwith.

3.

So far as first appeal stamp number is concerned, this appeal proceeding is placed before us in today's National Lok-Adalat. Mr. Dahat, learned counsel for the appellant/Insurance Company is present. Mr. S. W. Munde, learned counsel for respondents No. 1 to 3 / original claimants, is present. He submits that he has no objection to withdraw the appeal preferred by the appellant.

4.

The appellant has accepted the award passed by the MACT, Ambajogai in MACP No.04 of 2010.

2 PB-203-FAST-20622-11 5.

In view of the withdrawal pursis, the appeal stands disposed of as withdrawn.

6.

The appellant/Insurance Company shall deposit the amount of compensation awarded in MACT, Ambajogai within a period of six weeks from today.

7.

The respondents No. 1 to 3 / original claimants are entitled to withdraw that amount of compensation and learned Member, MACT, Ambajogai shall pass necessary orders to that effect forthwith. 8.

The Registry is directed to transfer the the statutory amount, if any, deposited in this Court while filing the appeal along with accrued interest thereon to MACT, Ambajogai.

9.

The Chairman/Member, MACT, Ambajogai shall adjust that statutory amount in the amount of compensation and thereafter take necessary steps for making the payment.

10.

If substantive appeal is filed by the original claimants subsequently, then in that case, the appellant/Insurance Company is entitled to restore its appeal.

11.

The Chairman/Member, Motor Accident Claim Tribunal, Ambajogai be informed accordingly.

12.

The court fee refund certificate be issued as per the rules.

3 PB-203-FAST-20622-11 13.

The appeal stands disposed as withdrawn. The parties to bear their own costs.

14.

The civil application/s, if any, stand/s disposed of. (S. P. Brahme) (S. G. Shete) (Shrikant D. Kulkarni J.) Advocate District Judge(Retd.) JUDGE Member Member Head of the Panel Date: 12.12.2020 mta