Vaishali Santosh @ Vijay Deokar And ORS v. Navnath Prabhakar Tezad And ORS

2025:BHC-AUG:9433

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. 682 OF 2025 Vaishali Santosh @ Vijay Deokar And Ors

VERSUS

Navnath Prabhakar Tezad And Ors • Mr. S. K. Shirse, Advocate for the Appellants • Mr. S. R. Bagal, Advocate for the Insurance Company •

ORDER

(22nd March, 2025) 1.

Parties have settled the disputes. Both the parties filed terms of compromise on record, which is marked as Exhibit 'X' for identification. Vaishali and Mandabai are present. Vaishali has signed the compromise terms for herself as well as on behalf of her minor children. Whereas, Mandabai has signed the terms for herself as well as on behalf of her husband Sheshrao. 2.

We are informed that Sheshrao has undergone surgery today itself. Learned Counsel for original Claimants has placed on record document indicating the hospitalization of Sheshrao. Mandabai has filed power of attorney issued by Sheshrao in her favour for executing

this settlement. In addition to the amount of compensation originally granted, a sum of Rs.

6,90,000/- is payable to the claimants. In the facts of the case, the terms of settlement are reasonable and hence are accepted.

3.

At the request of learned Counsel for Claimants, the amount of compensation be disbursed between amongst claimant nos. 1, 4 and 5 as per the terms of award passed by Tribunal. Claimants/Appellant Nos. 1, 4 and 5 are permitted to withdraw the entire compensation amount fallen to their share which shall be deposited by the insurer in this Court. Learned Counsel for Insurer undertakes to deposit sum of Rs. 6,90,000/- before this Court within a period of 45 days from receipt of the award. Learned Counsel for Appellant/Claimants seeks withdrawal of the said amount. Learned Counsel for Insurer records no objection for the same. Registry to permit withdrawal of the said amount by the Appellants/Claimants. Share of the minor be kept in fixed deposit in a nationalized bank till they attain majority.

4.

In view of above, Appeal stands disposed of.

5.

The Court Fee Refund Certificate be issued as per the Rules.

6.

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

7.

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

8.

No order as to costs.

[A. B. Kadethankar] Advocate Member [V. B. Mantri] DJ (Retd.) Member [R. M. JOSHI, J.] Head of Panel usm