Sandhya Sanjaysingh Chauhan And ORS v. Mohan Rawan Wahule And ANR

934-FA-2517-10.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE M. G. SEWLIKAR, HELD ON 08.02.2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.2517 OF 2010 SMT. SANDHYA SANJAYSINGH CHAUHAN AND OTHERS VS.

MR. MOHAN RAWAN WAHULE AND ANOTHER ...

Shri Shri S. S. Rathi, Advocate for Appellants Shri. M. K. Goyanka, Advocate for Respondent No.2 ...

O R D E R

(08th February, 2020) 1.

Appellants No.1 to 3 are present. They are identified by Shri S. S. Rathi, Advocate for Appellants.

2.

Respondent No.2 is present through its authorised officer, Shri R. M. Solanke. He is identified by Shri. M. K. Goyanka, Advocate for Respondent No.2.

3.

Both the parties admit the terms of compromise and their respective signatures. The compromise pursis is produced on record and is marked as Exhibit 'X' for identification. 4.

In view of terms of compromise at Exhibit 'X', respondent No.2 insurance company do pay Rs.2,61,000/- (Rupees Two Lakh Sixty One Thousand Only) in this Court as additional compensation in full and final settlement of claim inclusive of NFL SVH

934-FA-2517-10.odt amount, interest, cost and other incidental expenses. 5.

Apportionment of additional amount amongst the appellants is made as under :- (i) Appellant No.1 - Rs.1,00,000/- (Rupees One Lakh Only) (ii) Appellant No.2 - Rs.1,00,000/- (Rupees One Lakh Only) (iii) Appellant No.3 - Rs.61,000/- (Rupees Sixty One Thousand Only).

6.

The amount to the extent of share of appellant No.3, being minor, be deposited in any nationalized bank of choice of appellant No.1 till appellant No.3 attains age of majority. Necessary certificate in respect of appellant No.3 is produced. 7.

The amount of Rs.2,61,000/- (Rupees Two Lakh Sixty One Thousand Only) shall be deposited by respondent No.2 in this Court within a period of forty five days from the date of receipt of copy of award, failing which it shall carry interest at the rate of 9% per annum from today till realisation of the entire amount. 8.

The first appeal is disposed of. Civil Application, if any, also stands disposed of.

9.

Court fees be refunded as per rules.

(Smt. S.G. CHINCHOLKAR,) (A.T.A.K. SHEKH) (M.G. SEWLIKAR, J.) Advocate, D.J. (Retd.) Head of the Panel Member Member SVH