Salimabi Fatrukhan And ORS v. Atmaram Shankarrao Padole And ORS

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SANGITRAO S. PATIL, HELD ON 22nd APRIL, 2018.

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD S.No. 907. FIRST APPEAL NO. 485 OF 2009 Salimabi W/o Fatrukhan & Ors ...Appellants

Versus

Atmaram S/o Shankarrao Padole & Ors

...Respondents

ORDER

.

Shri. Rabindra Kalakoti, Deputy Manager, TP Hub Incharge is present with advocate Mr. S.G. Chapalgaonkar appearing for respondent no.2. Advocate Mr. H.I. Pathan is present. Appellant nos. 1, 2 and 4 to 7 are present.

2.

When the petition was filed before the Motor Accident Claims Tribunal (M.A.C.T) on 15.5.2003, appellant nos. 2 to 7 were minors. Now, all of them have become majors.

3.

As per the terms of settlement, respondent no.2 has agreed to pay Rs. 3,00,000/- in lump sum to the appellants, in addition to the amount of award that has already been paid to the appellants, towards full and final satisfaction of the claim of the appellants. The appellants have voluntarily accepted this offer. The amount shall be deposited within six weeks from today. Accordingly, the appeal will have to be disposed of in terms of the settlement. 4.

Appellant nos. 2 to 5 are married daughters of the deceased.

-2Appellant nos. 6 to 7 are yet to be married. Appellant no.3 is not present. Her letter authorizing appellant no.1 to act on her behalf is produced and the same is accepted. Appellant nos. 2 to 7 have no objection to pay the entire amount of compensation to appellant no.1 on their behalf. Therefore, appellant no.1 will have to be allowed to withdraw the amount of compensation for herself and on behalf of appellant nos. 2 to 7.

5.

Court fee be refunded as permissible under the rules. 6.

No costs.

7.

Award be drawn up accordingly.

( K.B.CHAUDHARI) (A.T.A.K.SHEKH) ( SANGITRAO S. PATIL, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 22-04-2018 Place: Aurangabad.

Mujaheed//