Mangala Prabhakar Chaudhari And ORS v. Rajesh Rameshbhai Nagar And ANR

-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 911 CIVIL APPLICATION NO.6292 OF 2019 IN FAST/20144/2018 WITH FAST/20144/2018 MANGALA PRABHAKAR CHAUDHARI AND ORS.

VERSUS

RAJESH RAMESHBHAI NAGAR AND ANR.

...

Advocate for Applicants/appellants : Mr. Vishnu B. Madan Advocate for Respondent No.2 : Mr. Dahat Rohit H. ...

O R D E R

In Civil Application No.6292 of 2019 1.

By consent of the parties, the delay is condoned. The Registry is directed to register the appeal according to law. In FAST No.20144 of 2018 2.

The appeal is placed before us in today's Lok-Adalat. Mr. Madan, the learned counsel for the appellants / original claimants, is present. Mr. Dahat, the learned counsel for respondent No.2insurance company is also present. 3.

The learned counsel for the appellants submits that respondent No.1-Rajesh Nagar is a formal party, hence, appellants do not want to proceed against him.

-24.

The learned counsel for the appellants / original claimants submits that they have arrived at the settlement with respondent No.2. It is the term of the compromise deed that respondentinsurance company has paid the amount of Rs.5,64,770/- to the original claimants - appellants and thereby complied with the award passed in M.A.C.P. No.111 of 2010 passed by the learned M.A.C.T., Jalgaon dated 24.03.2017. He further submits that they have agreed to receive the amount of Rs.2,70,000/- towards the enhancement of the claim. On receiving the enhanced amount, the appellants-original claimants want to withdraw the appeal. Appellant Nos.2 to 4 have agreed to pay the entire enhanced amount of Rs.2,70,000/- to the appellant No.1-mother. Respondent No.2 agreed to pay the enhanced amount of Rs.2,70,000/- to the appellant No.1 directly depositing in the bank account of appellant No.1. The parties agreed to the settlement terms. It is marked as 'X' for identifcation. It is taken on record. In view of the compromise terms, we proceed to pass the following order :

ORDER

(i) Respondent No.1 shall pay Rs.2,70,000/- (Rupees Two Lac Seventy Thousand only) towards the enhancement of the compensation to the appellants-original claimants.

-3- (ii) The entire amount of Rs.2,70,000/- (Rupees Two Lac Seventy Thousand only) be paid directly to the appellant No.1 by respondent No.2 by depositing the same in the bank account of the appellant No.1 with the consent of appellant Nos.2 to 4, within fve (5) weeks.

(iii) The appellant shall furnish her bank account and copy of Aadhar Card to respondent No.2, within two weeks from today.

5.

In view of the above terms, the present appeal 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/