Icici Lombard General Insurance Co. Ltd., Thr Its Legal Manager, Aurangabad v. Rameshwar Babruwan Telang And ORS

{1} CA 11255 OF 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.11255 OF 2017 IN FAST/25837/2017 WITH CA/2115/2019 IN FAST/25837/2017 ICICI LOMBARD GENERAL INSURANCE CO. LTD., THR ITS LEGAL MANAGER, AURANGABAD

VERSUS

RAMESHWAR BABRUWAN TELANG AND ORS ...

Advocate for Applicant : Shri Abhijit G. Choudhari Advocate for Respondent No.1 : Shri Shrikant B. Madde Advocate for Respondent Nos.2 to 5 : Shri S.D.Munde ...

CORAM : P.R.BORA, J.

DATE: 6th March, 2019 PER COURT:- Delay of 298 days has occurred in filing the appeal by the appellant Insurance Company.

The respondents do not have any objection for condoning the delay since the matter has been amicably settled between the Insurance Company and the original claimant. Hence, the application for condonation of delay is allowed. Delay caused in filing the appeal is condoned. The appeal be registered in accordance with law. After registration of appeal, issue notice to the respondent No.1. Shri S.B.Madde, learned Counsel waives service of notice for respondent No.1. Service to other respondents is exempted. Service complete.

{2} CA 11255 OF 2017 The appellant Insurance Company and respondent No.1 - claimant have entered into the compromise and the terms of compromise are placed on record.

The consent terms are signed by the Legal Manager of the appellant Insurance Company and respondent No.1 - claimant. The learned Counsel for the respective parties have also put their signatures below the compromise purshis. The terms of compromise are verified by the Legal Manager of the appellant Insurance Company namely Shri Ravi Dilip Narwade and respondent No.1 - claimant namely Rameshwar Babruwan Telang. I have perused the terms of compromise. The compromise appears to be legal. I, therefore, see no difÏculty in accepting the said compromise.

The learned Counsel for the parties have prayed for disposing of the appeal in terms of the compromise. Hence, the following order is passed:-

ORDER

I) First Appeal is disposed of in terms of compromise.

{3} CA 11255 OF 2017 II) The award be prepared accordingly.

III) The consent terms shall form part of the award. IV) As per the terms of the compromise, the withdrawals are permitted by the respective parties. V) The appellant Insurance Company is entitled for the refund of Court fees in accordance with law. VI) Pending civil applications stand disposed of. (P.R.BORA) JUDGE SPT