Bombay High CourtWP/7986/2016disposed offdismissed for default

Kasabai Harsing Marag v. The State Of Maharashtra And Others

2019-09-23Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Avinash G. Gharote2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 7986 OF 2016 Kasabai W/o Harsing Marag

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. P.C. Mayure, Advocate for petitioner Mr. S.G. Sangle, Asstt. Govt. Pleader for Respts. No.1 & 2 Mr. R.H. Dahat, Advocate for respondent No.4 C ORAM : PRASANNA B. VARALE AND AVINASH G. GHAROTE, JJ.

DATE : 23rd September, 2019 ORAL ORDER:

Heard the learned Counsel for the appearing parties. Learned Counsel appearing for the petitioner and respondent No.4 invited our attention to the terms of compromise arrived at between the parties and in clauses No.2 and 4 of the compromise pursis, respondent No.4 states that respondent No.4 will pay a sum insured of Rs. 1,00,000/- (Rs. One lac only) to the petitioner towards full and final settlement of the claim and the petitioner accepts the same. They stated that petitioner undertakes not to claim any further amount from respondent No.4, the cheque of compromise is to be paid to the petitioner within one month from

2 W.P. No. 7986/2016 the date of receipt of order of the compromise. 2.

On a specific query put to the petitioner, who is present in the Court, accompanied with Laxman Shamsing Dulaf, who happens to be her son-in-law, the petitioner Smt. Kasabai Harsing Marag accepts and admits the clauses of compromise and Mr. Laxman Shamsing Dulaf assures to this Court that the clauses of compromise are made known to the petitioner alongwith its consequences. The document under the title 'Compromise' is signed by petitioner Kasabai Harsing Marag, the learned Counsel for the petitioner and the learned Counsel for respondent No.4. 3.

In view of the above facts, the prayer for disposing of the petition in view of the compromise arrived at between the parties is granted and the petition is accordingly disposed of. The compromise is taken on record and marked 'X' for identification. (AVINASH G. GHAROTE, J.) (PRASANNA B. VARALE, J.) Madkar