The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Deepa Tanhaji Pawar And ORS

2024:BHC-AUG:16405 FA-2243-2018 -1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HELD ON 27.07.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 2243 OF 2018 WITH CIVIL APPLICATION NO. 10134 OF 2018 The New India Assurance Company Ltd.,

VERSUS

Deepa W/o Tanhaji Pawar and others .....

Advocate for the Appellant : Mr. M.M. Ambhore Advocate for Respondent Nos. 1 to 6 : Mr. S.S. Dargad ....

1.

This appeal is placed before today's National Lokd Adalat dated 27.07.2024.

2.

Learned Advocate Mr. M.M. Ambore, for the appellant/Insurance Company along with the authorized person Mr.

Dinesh Bankar is present.

The respondents/claimants are also present before the Court along with their learned Adv. Shri.S.S. Dargad. 3.

The rival parties have amicably settled the lis and accordingly placed on record settlement terms entered into between the parties along with the authority letter in the name of Shri. Dinesh Bankar by the appellant, Insurance Company. The same is taken on record and marked 'X' for identification. The contents are also verified from the parties and they

FA-2243-2018 -2admitted the same.

4.

As such, the appeal is disposed of in terms of aforesaid settlement terms 'X'. The award be drawn up accordingly. The appellant, Insurance Company is entitled to withdraw the amount as per settlement terms i.e. Rs. 3,00,000/- (Rupees Three Lakhs) in lump-sum.

It appears that the respondent/claimant No. 1,5 and 6 have already withdrawn 75% amount from their respective shares as granted by the learned Tribunal. In view of the same, they are entitled to withdraw the remaining amount of compensation falling to their shares along with the accrued interest. Further, the minor claimant Nos. 2 to 4, on attaining majority shall be entitled to withdraw their respective amounts of compensation along with accrued interest thereon.

4.

The Court fees be refunded to the appellants, Insurance Company as per rules. Accordingly, the appeal stands disposed of along with the pending Civil Application, if any. (A.R. BORULKAR) (V.B.MANTRI) (SANDIPKUMAR C. MORE) Advocate District Judge (Retd.) Judge Member Member Head of the Panel Date: 27.07.2024 Place: Aurangabad ysk/