Shriram General Insurance Co Ltd Jaipur Rajasthan Through Branch Manager v. Laxman Ganpati Phakle And Other

2024:BHC-AUG:5190 1 fa st 28919.22

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHAILESH P. BRAHME, HELD ON 03RD MARCH, 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL STAMP NO. 28919 OF 2022 WITH CIVIL APPLICATION NO. 14906 OF 2022 M/s Shriram General Insurance Co. Ltd.

Jaipur Rajasthan through Branch Manager .. Applicant

Versus

Laxman Ganpati Phalke Since deceased through L.Rs.

Mohini Laxman Falke and others .. Respondent Shri Anil Basarkar, Advocate for the Applicant. Shri Sambhaji S. Wakure, Advocate for the Respondent Nos. 1-a to 1-e.

ORDER :

.

Learned counsel Mr. Basarkar, for the appellant along with representative officer Mr. Sarojkumar B. Choudhari and learned counsel Mr. Sambhaji S. Wakure, along with respondents/original claimants are present before panel. They tender on record terms of compromise. Same is taken on record and marked 'X' for identification.

2.

We have ascertained the identification of the parties with the assistance of their learned counsel.

3.

Parties before the panel seek leave to dispose of first appeal in terms of compromise at Exhibit - X.

2 fa st 28919.22 4.

The appellant/Insurance Company has already deposited entire amount under the aware in this Court. It is amicably settled between the parties that out of the deposited amount, the respondents/claimants are entitled to an amount of Rs. 7,00,000/- towards full and final settlement. Balance amount of Rs. 37,616/- shall be withdrawn by appellant/Insurance Company along with accrued interest, if any.

5.

An amount of Rs. 7,00,000/- (Rs. Seven Lakhs only) including NFL amount, cost and medical expenses shall be paid to the respondents/claimants.

6.

The first appeal stands disposed of in terms of settlement Exhibit 'X' and the minutes of the order passed today. 7.

The court fees be refunded as per rules.

8.

Award be drawn up accordingly.

9.

The Civil Application No. 14906 of 2022 stands disposed of accordingly.

[A. R. Borulkar] [S. G. Shete] [Shailesh P. Brahme, J.] Advocate D. J. (Retired) Head of the Panel Member Member Date : 03.03.2024 Place : Aurangabad bsb/March24