Magma Hdi General Insurance Company Limited v. Avinash Lahu Kamble And ORS
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE
SHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.
25 FIRST APPEAL NO.3422 OF 2023 MAGMA HDI GENERAL INSURANCE COMPANY LIMITED
VERSUS
AVINASH LAHU KAMBLE AND ORS ...
Advocate for Appellant : Mr.Dahat Rohit H.
Advocate for Respondents : Mr. G.P. Ghule ...
O R D E R
(09 th SEPTEMBER, 2023) 1.
This appeal is placed before us in today's National Lok Adalat. Mr.
Dahat learned counsel for the appellant/Insurance Company is present. He has filed a authorization letter. Mr. Ghule, learned counsel for the respondents/original claimants is present.
2.
The learned Advocates for both the parties submit that they have amicably settled the lis and accordingly placed on record compromise terms. The compromise terms are marked as Article "X" for the purpose of identification. 3.
The Appeal is disposed of in the terms of compromise
terms ("X").
4.
The appellant/Insurance Company shall deposit the amount of compensation awarded by MACT, i.e. Rs. 14,15,000/-(Rs. Fourteen Lakhs and Fifteen Thousand) within a period of 30 days from today, before the Tribunal i.e. MACT, Aurangabad, in terms of compromise.
5.
The appeal is allowed to be withdrawn against respondent Nos. 5 and 6 being the owner and driver of the vehicle.
6.
The respondent/ original claimant Nos. 1 to 4 are entitled to withdraw that amount Rs. 14,15,000/-(Rs. Fourteen Lakhs and Fifteen Thousand) of compensation with accrued interest thereon, in terms of Award passed by the Tribunal and learned Member, MACT, Aurangabad and pass necessary orders to that effect forthwith.
7.
The Registry is directed to transfer the statutory amount of Rs. 25,000/- with accrued interest thereon, deposited in this Court while filing the appeal to MACT, Aurangabad. The amount, if any deposited and withdrawn be
adjusted.
8.
The Chairman/Member, MACT, Aurangabad shall adjust that statutory amount and amount if any, withdrawn earlier, in the amount of compensation and thereafter take necessary steps for making the payment.
9.
The Chairman/Member, Motor Accidents Claims Tribunal Aurangabad be informed accordingly.
10.
The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. 11.
The appeal stands disposed off in term of the compromise.
(A.R.BORULKAR) ( S.G.SHETE ) ( KISHORE C. SANT, J. ) Member D.J. (Retd.) Head of the Panel Member Date : 09.09.2023 Place : Aurangabad.
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