Pratibha Prakash Patil And ORS v. Abhay Ramlalji Sinh And ORS

2024:BHC-AUG:23517 -1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SHAILESH P. BRAHME HELD ON 28th SEPTEMBER 2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

______________________________________________ FIRST APPEAL NO. 2140 OF 2015 WITH CIVIL APPLICATION NO. 10120 OF 2015 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

VERSUS

PRATIBHA PRAKASH PATIL AND OTHERS AND FIRST APPEAL NO. 484 OF 2021 PRATIBHA PRAKASH PATIL AND OTHERS

VERSUS

ABHAY RAMLALJI SINH AND ORS ...

Advocate for Appellant/Insurance Company : Mr.Mohit R. Deshmukh Advocate for Respondent Nos. 1 to 5 : Mrs. Sabahat T. Kazi ...

O R D E R

1.

First Appeal No.484/2021 is not on board. Taken on board at the request of both the parties.

2.

Learned Counsel Mr. Mohit R. Deshmukh for the appellant/Bajaj Allianz General Insurance Co.Ltd, Mrs. Sabahat Kazi and the respondent nos.1 to 5/original claimants are present before the Panel today. 3.

Learned Counsel Mr. Mohit R. Deshmukh tenders on record the Authority Letter and written instructions in First Appeal No.2140/2015 and seeks leave to withdraw the

-2appeal. The same is taken on record and marked as 'Exhibit - X' for the identification.

4.

In view of the written instructions at Exhibit-X, leave is granted in First Appeal No.2140/2015.

5.

The amount already deposited in First Appeal No.2140/2015 shall be disbursed to the claimants/ respondents.

In First Appeal No.484/2021, both the parties tender on record terms of settlement which is marked as 'Exhibit-Y' for identification.

7.

With the assistance of learned Counsels, we have ascertained the identification of the parties. They confirm the terms of settlement at Exhibit-Y.

8.

As per the terms of settlement at Exhibit-Y, the Insurance Company shall deposit an additional amount of Rs.2,00,000/- (Rupees Two Lakh only) towards full and final settlement in this Court within a period of six weeks from today. The same shall be treated as an Undertaking. 9.

On depositing the amount, the same alongwith accrued interest, shall be disbursed to the claimants/respondents. 10.

Both the First Appeals are disposed of in terms of

-3settlement at Exhibit-X and Exhibit-Y and the minutes of the order passed today.

11.

The Court fees shall be refunded as per rules. 12.

Award be drawn up accordingly.

13.

Civil Application pending if any, is disposed of. 14.

Record and Proceeding if any, be remitted back to the concerned Court/Tribunal.

(A.R. Borulkar) (U.L. Telgaonkar) (Shailesh P. Brahme J.) Advocate D. J. (Retired) Head of the Panel Member Member Date: 28.09.2024.

Place: Aurangabad.

Najeeb..