The New India Assurance Company Lited v. Pandurang Bhikaji Alias Kisan Patole And ORS

1 904-FAST 34112-2010.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30.04.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL (STAMP) NO. 34112 OF 2010 WITH CIVIL APPLICATION NO. 16864 OF 2010 IN FIRST APPEAL (STAMP) NO. 34112 OF 2010 The New India Assurance Company Ltd.

.. Appellant

Versus

Pandurang Bhikaji @ Kisan Patole and others .. Respondents Mr. Aniruddha S. Usmanpurkar, Advocate for the Appellant. Mr. M. B. Darak, Advocate h/f Mr. Vinayak N. Upadhye, Advocate for Respondent No. 3.

AND FIRST APPEAL (STAMP) NO. 34132 OF 2010 WITH CIVIL APPLICATION NO. 16866 OF 2010 IN FIRST APPEAL (STAMP) NO. 34132 OF 2010 The New India Assurance Company Ltd.

.. Appellant

Versus

Sharad Narsingh Dhire and others .. Respondents Mr. Aniruddha S. Usmanpurkar, Advocate for the Appellant. Mr. M. B. Darak, Advocate h/f Mr. Vinayak N. Upadhye, Advocate for Respondent No. 3.

2 904-FAST 34112-2010.odt AND FIRST APPEAL (STAMP) NO. 34122 OF 2010 WITH CIVIL APPLICATION NO. 16868 OF 2010 IN FIRST APPEAL (STAMP) NO. 34122 OF 2010 The New India Assurance Company Ltd.

.. Appellant

Versus

Anil Shankar Jadhav and others .. Respondents Mr. Aniruddha S. Usmanpurkar, Advocate for the Appellant. Mr. M. B. Darak, Advocate h/f Mr. Vinayak N. Upadhye, Advocate for Respondent No. 3.

O R D E R

( 30th April, 2023 ) .

These appeals are placed before us in today's National Lok Adalat. Mr. Usmanpurkar, learned counsel for the appellant/Insurance Company is present. Mr. Darak, learned counsel holding for Mr. Upadhye, learned counsel for respondent No. 3 is present. The officer Mr. Dinesh Shankar Bankar, Assistant Manager, the New India Assurance Co. Ltd. is also present.

2.

The learned advocates for both the parties submit that they have amicably settled the lis and accordingly placed on record compromise terms. The compromise terms are marked as Article "X" for the purpose of identification.

3 904-FAST 34112-2010.odt 3.

The appeals are disposed off in the terms of compromise terms ("X").

4.

As per the terms of compromise, ICICI Lombard General Insurance Co. Ltd. - respondent No. 3 has accepted the 100% liability to pay compensation to the original claimants. Out of which respondent No. 3 has already deposited the 50% amount and the same has been withdrawn. The respondent No. 3 is ready to deposit remaining 50% amount within a period of 45 days from the date of passing of award before this Court. New India Assurance Co. Ltd. and ICICI Lombard General Insurance Co. Ltd. undertake to inform the original claimants about the compromise.

5.

The original claimants are entitled to receive the same on its deposit.

6.

The appellant - New India Assurance Co. Ltd. is permitted to withdraw the entire amount which is deposited in this Court along with accrued interest thereon and statutory deposit after satisfying that the claimants have received entire amount from the M.A.C.T., Ambajogai. 7.

Both the Insurance Companies to inform the claimants.

4 904-FAST 34112-2010.odt 8.

The Chairman/Member, MA.C.T., Ambajogai be informed accordingly.

9.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959.

10.

The civil applications are also disposed off. ( A. R. BORULKAR ) ( S. G. SHETE ) ( KISHORE C. SANT, J. ) Advocate D.J. (Retd.) Head of Panel Member Member P.S.B.