Vimal Shankar Patil And ANR v. Bhausaheb Ananda Fulari And ORS

2025:BHC-AUG:9603

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R. M. JOSHI, HELD ON 22nd MARCH, 2025 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 2975 OF 2019 Vimal Shankar Patil And Anr

VERSUS

Bhausaheb Ananda Fulari And Ors Mr. Umesh Mitkari h/f Mr. Mukul Kulkarni, Advocate for Appellants Mr. M. R. Deshmukh, Advocate for Respondent No. 3 Ms. Madhuri Gabhud, Officer of Insurance Company is present

ORDER

(22nd March, 2025) 1.

Parties have settled the dispute.

2.

Memo of compromise filed on record and marked as "X" for identification. Memo is duly signed/thumb impressed by the claimants/appellants herein. Their counsel has identified the signature and thumb impressions. Claimants are present before Panel. They confirmed voluntariness of the terms of settlement.

3.

Learned counsel for respondents seeks apportionment of the agreed amount in accordance with the original award. 4.

The Sum of Rs.7,50,000/- agreed between the parties is over and 110-FA-2975-2019.odt

above the original award. This appeal is for enhancement of the compensation. Having regard to the facts of the case, the terms of settlement are reasonable, hence accepted.

5.

Learned counsel for the respondents/insurer undertakes to deposit sum of Rs. 7,50,000/- before the Tribunal within a period of six weeks. It is open for the appellants/claimants to move appropriate application before the Tribunal for withdrawal of the amount. Claimants are permitted to withdraw amount falling to their share as per apportionment done by Tribunal. The amount of compensation coming to share of minor be deposited in Fixed Deposit in any Nationalized Bank, till minor attains majority. 6.

In view of this, appeal stands disposed of.

7.

The Court Fee Refund Certificate be issued as per the rules. 8.

The Civil Application(s), if any, stand disposed of. 9.

The award/decree be drawn up in terms of compromise. 10.

No order as to costs.

[A. B. Kadethankar] Advocate Member [V. B. Mantri] DJ (Retd.) Member [R. M. JOSHI, J.] Head of Panel bsj 110-FA-2975-2019.odt