Bharti Axa General Insurance Co. Ltd., Thr Its Manager, Nagpur v. Asha Suresh Thakur And ORS

( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE S. M. GAVHANE, HELD ON 14.12.2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1103 FIRST APPEAL ST. NO. 21904 OF 2019 WITH CIVIL APPLICATION NO.11900 OF 2019 IN FAST/21904/2019 WITH CA/11901/2019 IN FAST/21904/2019 BHARTI AXA GENERAL INSURANCE CO. LTD., THR ITS MANAGER, NAGPURCOURT OF LOK ADALAT

VERSUS

ASHA SURESH THAKUR AND ORS 14/12 ...

Mr. R. H. Dahat, Advocate for the appellant Mr. H. P. Randhir, Advocate for respondent Nos. 1 to

O R D E R

(14th December, 2019) .

The appellant has filed this appeal aggrieved by the award in MACP No. 103 of 2014 passed by MACT, Jalgaon on 16-04-2014. Learned counsel for the appellant insurance company has produced letter dated 10-12-2019, which is taken on record and marked as "X", authorizing him to complete formalities of the compromise in this matter. Letter also shows that insurance company has agreed to pay compensation of Rs. 93,33,814/- to respondent Nos. 1 to 5 original claimants.

( 2 ) Respondent Nos. 6 & 7 are respectively driver and owner of the vehicle involved in the accident. Respondent Nos. 1 to 5 who are present have been duly identified by their learned counsel.

2.

Appellant and respondent Nos. 1 to 5 have filed terms of compromise which is taken on record and marked "Y" for identification. Appellant insurance company has agreed to pay amount of Rs. 93,33,814/- to respondent Nos. 1 to 5 claimants towards full and final settlement of their claim including the amount under no fault liability. It appears that appellant has deposited Rs. 25,000/- towards statutory deposit in this court and as per compromise claimants will be entitled to withdraw the said amount. Appellant has agreed to deposit remaining/ balance amount of Rs.93,08,814/- within one month of receiving the certified copy of this order/award.

3.

In view of above, award be prepared in terms of compromise as aforesaid.

4.

Court fee refund, if any, be refunded to the appellant.

( 3 ) 5.

In view of settlement and award as above, civil application/s stand/s disposed of.

[Smt.S.G. Chincholkar] Advocate Member [V. B. Mantri] DJ (Retd.) Member [S. M. Gavhane, J.] Head of Panel VishalK/1103