The Divisional Manager New India Assurance Company Ltd v. Santraj Singh Dharamchand Singh And Others

2024:BHC-AUG:5197 1 fa 3836.22.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHAILESH P. BRAHME, HELD ON 03RD MARCH, 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 3836 OF 2022 The Divisional Manager, New India Assurance Co. Ltd.

.. Appellant

Versus

Santraj Singh Dharamchand Singh and others .. Respondents Shri Mohit R. Deshmukh, Advocate for the Appellant. Mrs. Savita P. Kakade, Advocate for the Respondent Nos. 1 and 2.

ORDER :

.

Learned counsel Mr. Mohit Deshmukh, for the appellant along with representative officer Mr. Dinesh Bankar of the Insurance Company and learned counsel Mrs. Kakade, for the respondent Nos. 1 and 2 along with respondents/claimants are present before panel. They tender on record terms of compromise. Same is taken on record and marked 'X' for identification. 2.

We have ascertained the identification of the parties with the assistance of their learned counsel.

3.

Parties before the panel seek leave to dispose of first appeal in terms of compromise.

4.

As per the terms of settlement Exhibit 'X', the appellant/Insurance Co. already deposited an amount of Rs.

2 fa 3836.22.odt 77,53,619/- in this Court. Out of that, 50% amount has already been withdrawn by the respondent Nos. 1 and 2/claimants. Now the respondent Nos. 1 and 2/claimants are agreeable to settle the matter at Rs. 51,00,000/- towards full and final discharge of liability of the Insurance Company, which includes the amount which is already withdrawn.

5.

The respondent Nos. 1 and 2/claimants shall be disbursed remaining amount so as to make up finally settled amount of Rs. 51,00,000/- (Rs. Fifty one lakh only). The appellant/insurance company shall be entitled to withdraw balance amount of Rs. 26,53,619/- (Rs. Twenty Six Lakhs Fifty Three Thousands Six hundred Nineteen only) along with accrued interest from the date of deposit of amount in this Court till today. Same shall be disbursed to the appellant/Insurance Company. 6.

The first appeal stands disposed of in terms of settlement Exhibit 'X' and the minutes of the order passed today. 7.

The court fees be refunded as per rules.

8.

Award be drawn up accordingly.

[A. R. Borulkar] [S. G. Shete] [Shailesh P. Brahme, J.] Advocate D. J. (Retired) Head of the Panel Member Member Date : 03.03.2024 Place : Aurangabad bsb/March24