Bhushan Ashok Patil (Sonwane) v. Mohammad Ismail S. Sajjan And Another

-1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE S. G. MEHARE, HELD ON 01.08.2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD ...

CIVIL APPLICATION NO. 15649 OF 2013 IN FIRST APPEAL [ST] NO. 31414 OF 2013 Shri Bhushan S/o Ashok Patil (Sonwane) .... Applicant

Versus

Mohammad Ismail S. Sajjan & Anr.

...Respondents

....

Shri. Amol S. Sawant, Advocate for the applicant Shri. S. G. Chapalgaonkar, Advocate for respondent no. 2 ....

AND FIRST APPEAL [ST] NO. 31414 OF 2013 ORDER :

CIVIL APPLICATION NO. 15649 OF 2013 :

1.

This application is moved for condonation of delay caused in preferring the First Appeal.

2.

For the reasons cited in the application and no objection of respondent No. 2, the application is allowed. Delay is condoned. Appeal be registered.

-2FIRST APPEAL [ST] NO. 31414 OF 2013 :

1.

Issue notice to the respondents. Shri. S. G. Chapalgaonkar, the learned Counsel waives service of notice for respondent no. 2 - Insurance Company.

2.

The appellant - original claimant along with his learned Advocate, are present in the Lokadalat. The learned Counsel for the Insurance Company is also present in the Court. They have filed the compromise terms, which are taken on record and marked as "X" for identification. In accordance with the settlement, the Insurance Company has agreed to pay enhanced compensation of Rs. 7,00,000/- (Rupees Seven Lakhs) towards the full and final settlement. 3.

In view of the above, we pass the following order :

ORDER

[i] The appeal is allowed in terms of Compromise at "X". [ii] The Insurance Company shall deposit the agreed amount of Rs. 7,00,000/- (Rupees Seven Lakhs) directly in the bank account of original claimant within a period of five

(05) weeks.

-3- [iii] The original claimant shall supply the copy of his identity card and the bank account details to the Insurance Company within a period of two weeks. The said documents shall also be placed on record.

[iv] The award be drawn up accordingly.

[v] The Court Fee Refund Certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. [vi] Pending Civil Application, if any, stands disposed of. (S.P.Brahme) (S.G.Shete) (S.G.Mehare, J.) Advocate District Judge(Retd.) Judge Member Member Head of the Panel Date: 01.08.2021 Place: Aurangabad SG Punde, PA