Icici Lombard General Insurance Co. Ltd. v. Seema Shivaji Shinde And ORS

1 SB-6-FA-3481-11

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 12TH DECEMBER, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD SB-6 FIRST APPEAL NO. 3481 OF 2011 WITH CA/ 7989/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.

...

APPELLANT

VERSUS

SEEMA SHIVAJI SHINDE AND OTHERS ...

RESPONDENTS .....

Counsel for appellant : Mr. V.N. Upadhye Counsel for respondent Nos.1 to 5 : Mr. C. V. Dharurkar ...

O R D E R

1.

It is an appeal preferred by the appellant/ICICI Lambord General Insurance Company Ltd. feeling aggrieved by the impugned Judgment and award passed by the Motor Accident Claim Tribunal, Beed. This appeal is placed before us in today's National Lok Adalat. The learned Counsel Mr V.N. Upadhye for the appellant/Insurance Company has placed on record pursis and the same is taken on record and marked as Art. 'X' for identification. The appellant/Insurance Company does not want to prosecute this appeal and intends to withdraw. This pursis is issued by the ICICI Lombard General Insurance Company Ltd., and their authority letter is taken on record and marked as Art. 'Y' for identification. Mr. Dharurkar, learned Counsel for original claimants No. 1 to 5 has no objection to withdraw the appeal. The respondents No. 6 and 7 are owner and driver. There is no legal hurdle to allow the appellant to withdraw the appeal.

2 SB-6-FA-3481-11 2.

The appeal stands disposed of as withdrawn.

3.

If the amount is deposited by the appellant/Insurance Company in this Court, be transferred to the Motor Accident Claim Tribunal, Beed.

4.

The Chairman/Member of the Motor Accidents Claims Tribunal, Beed shall disburse the amount to the original claimants by taking into consideration the interest of the minor by passing appropriate orders.

5.

If substantive appeal is filed by the original claimants subsequently, then in that case, the appellant/Insurance Company is entitled to restore it's appeal.

6.

The Chairman/Member, Motor Accidents Claims Tribunal, Beed be informed accordingly.

7.

The court fee refund certificate be issued as per the rules. 8.

The civil application/s, if any, stand/s disposed of. (S. P. Brahme) (S. G. Shete) (Shrikant D. Kulkarni J.) Advocate District Judge(Retd.) JUDGE Member Member Head of the Panel Date: 12.12.2020 mta