The New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad v. Radhabai Janardhan Pawar And ORS

1 PB-208-FA-2134-18

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-208 FIRST APPEAL NO.2134 OF 2018 THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, AURANGABAD ...

APPELLANT

VERSUS

RADHABAI JANARDHAN PAWAR AND OTHERS ...

RESPONDENTS .....

Counsel for appellant : Mr. A. S. Usmanpurkar Counsel for respondents No. 1 to 3 : Mr. N. H. Chavan h/f Mr. R. V. Gore Counsel for Respondents No. 4 and 5 : Mr Walmik S. Jadhav

O R D E R

1.

It is an appeal preferred by the New India Assurance Company feeling aggrieved by against the judgment and award passed by the MACT, Aurangabad. This appeal is settled between the parties namely appellant and original claimants No. 1 to 3. Both parties have submitted terms of compromise before this panel in today's National Lok-Adalat. The terms of compromise pursis are taken on record and marked as 'X' for identification. Mr. Sanket Bhimgade, Administrative Oficer of New India Assurance Company Ltd. is present as well as the original claimants No. 1 to 3 / respondents No.1 to 3 are present along with their advocate Mr. N. H. Chavan. The claimants have been identified by learned advocate for respondents No. 1 to 3. 2.

The parties have settled their claim at Rs.15,48,650/-. The Insurance Company has deposited Rs.16,98,650/- in the Court. In view of terms of the compromise pursis, the appellant/Insurance Company is entitled to get back an amount of Rs.1,50,000/- with interest accrued

2 PB-208-FA-2134-18 thereon and same be paid to it.

3.

Claimants have already withdrawn 50% of amount out of settlement and remaining 50% amount is still to be withdrawn. The claimants/respondent Nos. 1 to 3 are permitted to withdraw remaining 50% excluding the amount payable to Insurance Company as per clause (2) of this order with interest accrued thereon and the Registry to issue account payee cheque in the joint name of original claimants / respondent Nos. 1 to 3.

4.

The appeal stands disposed of. The parties to bear their own costs.

5.

The award be drawn up in terms of compromise pursis placed on record and marked as Art.'X'.

6.

The court fee refund certificate be issued to the appellant/Insurance company as per rules.

7.

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

8.

The civil application, if any, stands 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