Shriram General Insurance Co. Ltd., Thr Its Authorized Officer v. Sulabha Sachin Patange And ORS

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 11TH FEBRUARY, 2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 919 CIVIL APPLICATION NO.9298 OF 2017 IN FAST/22564/2017 WITH FAST/22564/2017 SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICER

VERSUS

SULABHA SACHIN PATANGE AND ORS ...

Mr. A.P. Basarkar Advocate h/f. Mr. V.N. Upadhye Advocate for the appellant.

Mr. Ram S. Shinde Advocate for Respondent Nos. 1 to 4. ...

O R D E R

1.

Present Civil Application along with the First Appeal has been filed by the insurance company challenging the award passed by the Tribunal. Mr. Basarkar, the learned Advocate for the appellant insurance company to whom the authority has been given is present, so also Mr. Shinde, the learned Advocate for the original claimants - respondent Nos. 1 to 4 is also present. The insurance company has arrived at a compromise with respondent Nos.1 to 4. Compromise pursis is taken on record and marked as Exhibit-A. Taking into consideration that

ca9298.17 respondent No.2 is minor represented through guardian mother - respondent No.1, the certificate has been issued by Advocate for the respondents stating that the compromise is beneficial in the interest of the minor in view of Order 32 Rule 7 of the Code of Civil Procedure, which is marked at Exhibit-B.

2.

Under such circumstance, Civil Application along with the First Appeal stand disposed of in terms of compromise Exhibit-A. 3.

The award be drawn up in terms of the compromise Exhibit-A. 4.

Out of the amount which is deposited by the insurance company i.e. 18,54,120/-, an amount of Rs.1,00,000/- is allowed to be withdrawn by the insurance company and rest of the amount, with interest, is allowed to be withdrawn by the claimants / respondent Nos.1 to 4.

5.

The amount to be distributed to the claimants equally and the amount of the minor - respondent No.2 to be kept in fixed deposit in his name in any nationalized bank of the choice of the guardian mother till the attainment of the majority by the minor and Respondent No.1 would be allowed to withdraw the quarterly interest for the benefit of the minor and after the attainment of

ca9298.17 majority by the minor the said amount in fixed deposit along with the interest, if any, to be directly paid to respondent No.2 - original claimant No.2.

6.

Pending civil applications, if any, stand disposed of. (S.P. Brahme) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date : 11.02.2023.

Place : Aurangabad.

asb/FEB23