Shriram General Insurance Company Ltd. v. Dipali Vinod Gaikwad And Others

2024:BHC-AUG:5179 1 fa 2405.20.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHAILESH P. BRAHME, HELD ON 03RD MARCH, 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 2405 OF 2020 WITH CIVIL APPLICATION NO. 8609 OF 2020 M/s Shriram General Insurance Co. Ltd.

.. Appellant

Versus

Dipali Vinod Gaikwad and others .. Respondents Shri Anil Basarkar, Advocate for the Appellant. Shri Sabhaji S. Wakure, Advocate for the Respondent Nos. 1 to 6. ORDER :

.

Learned counsel Mr. Basarkar, for the appellant along with representative officer Mr. Sarojkumar B. Choudhari and learned counsel Mr. Sambhaji S. Wakure, along with respondents/original claimants are present before panel. They tender on record terms of compromise. Same is taken on record and marked 'X' for identification.

2.

We have ascertained the identification of the parties with the assistance of their learned counsel.

3.

Parties before the panel seek leave to dispose of first appeal in terms of compromise.

4.

It is amicably settled between the parties that the respondents/claimants shall be entitled to Rs. 19,00,000/- (Rs.

2 fa 2405.20.odt Nineteen Lakhs only) including NFL, cost and medical expenses. The appellant/insurance company shall deposit an amount of Rs. 18,75,000/- before the M. A. C. T. Dharashiv within a period of 45 days from today. The same shall be treated as an undertaking. 5.

The amount of statutory deposits which is already deposited by the appellant/insurance company in this Court along with accrued interest shall be transmitted to M. A. C. T. Dharashiv forthwith.

6.

The respondents/claimants shall be entitled to withdraw the amount deposited by the Insurance Company and the amount with accrued interest transmitted from this Court. 7.

The first appeal stands disposed of in terms of settlement Exhibit 'X' and the minutes of the order passed today. 8.

The court fees be refunded as per rules.

9.

Award be drawn up accordingly.

10.

The Civil Application No. 8609 of 2020 stands disposed of, accordingly.

[A. R. Borulkar] [S. G. Shete] [Shailesh P. Brahme, J.] Advocate D. J. (Retired) Head of the Panel Member Member Date : 03.03.2024 Place : Aurangabad bsb/March24