New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Kavita Shivaji Tambe And ORS

IN THE LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE, HELD ON 12.03.2022 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 7 FIRST APPEAL NO.2103 OF 2018 WITH CA/9496/2018 IN FA/2103/2018 NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

KAVITA SHIVAJI TAMBE AND OTHERS ...

Advocate for Appellant : Mr. Swapnil Dargad h/f. Mr. S.G. Chapalgaonkar Advocate for Respondent -claimant Nos. 1 to 3: Mr. S. D. Jawale

ORDER

1.

This appeal is placed before us in today's National Lok Adalat. Mr. Swapnil Dargad holding for Mr. S.G. Chapalgaonkar learned counsel for the appellant / Insurance Company is present. Mr. Jawale, learned counsel for respondents/original claimants is present.

2.

The learned advocates for both the parties submit that they have amicably settled the lis and accordingly placed on record compromise terms. The compromise terms are marked as Article "X" for the purpose of identifcation. 3.

The appeal is disposed of in terms of compromise terms ("X").

4.

The learned counsel for respondents / original claimants seeks leave to mention the name of respondent No. 3 Ku. Pinty alias Chiu Shivaji Tambe as Kaveri Shivaji Tambe as refected in her Aadhar Card. Leave as prayed is granted. 5.

The respondents / original claimants and appellant Insurance Company are entitled to withdraw that amount of compensation in terms of modifed Award / settlement terms. 6.

Out of the total amount which is to be disbursed to the claimants the amount of Rs. 3,00,000/- shall be kept in the name of claimant Kaveri Shivaji Tambe in FDR in any Nationalized Bank still she attains majority. 7.

After attaining majority by said Kaveri Shivaji Tambe the amount kept in the FDR be given to her without any back reference to this Court.

8.

Insurance Company will take the remaining amount with proportionate interest accrued thereon.

9.

The Chairman / Member, Motor Accidents Claims Tribunal, Ahmednagar be informed accordingly.

10.

The Court fee refund certifcate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. 11.

The Civil Application/s, if any, stand/s disposed of. (S.P.Brahme) (S.G.Shete) (Sandipkumar C. More, J.) Advocate District Judge (Retd.) Judge Member Member Head of the Panel Date: 12.03.2022 Place: Aurangabad.

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