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Bombay High CourtFA/2726/2019compramised

Cholamandalam General Insurance Co. Ltd., Thr Its Regional Manager, Aurangabad v. Mukind Bhimrao Waghmare And ANR

2019-12-14Shri Justice J P Devadhar2 pages

fa2726.19 -1IN 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 12 FIRST APPEAL NO.2726 OF 2019 WITH CA/8762/2019 IN FA/2726/2019 CHOLAMANDALAM GENERAL INSURANCE CO. LTD., THR ITS REGIONAL MANAGER, AURANGABAD

VERSUS

MUKIND BHIMRAO WAGHMARE AND ANR ...

Mr. S. G. Chapalgaonkar, Advocate for the appellant Mr. Taher Ali Quadri, Advocate for respondent No. 1

O R D E R

(14th December, 2019) 1.

The appellant-original respondent-Insurance Company filed this appeal aggrieved by the judgment and award dated 22/04/2019 passed by the Commissioner Employees Compensation and Judge, Labour Court, Nanded in WCA No. 19 of 2018 thereby the Commissioner has awarded compensation of Rs. 10,41,168/- with interest 12% from the date of accident and further Insurance Company was directed to pay amount of Rs.1,25,000/- as against medical bills. The appellant-Insurance Company has deposited amount of Rs. 11,71,927/- with the Commissioner at Nanded.

2.

The appellant and respondent-original claimant have filed terms of compromise which is marked "X" for the

fa2726.19 -2identification and decided that the claimants are entitled to compensation received total amount of Rs. 8,00,000/- out of aforesaid amount deposited by Insurance Company as a full and final settlement inclusive of interest and cost. The respondent has agreed that he will not claim any amount in future. The parties have agreed that remaining amount alongwith accrued interest shall be refunded to the appellantInsurance Company. 3.

Award be prepared accordingly in terms of compromise pursis "X".

4.

Court fee, if any, be refunded to the appellant. 5.

Pending civil application, if any, stands disposed of, in view of the fact that appellant and respondent have settled the matter as above.

6.

Mr. T. A. Quadri, Advocate for respondent-claimant has filed vakalatnama. Said vakalatnama is taken on record. [Smt.S.G. Chincholkar] Advocate Member [V. B. Mantri] DJ (Retd.) Member [S. M. Gavhane, J.] Head of Panel ssp/