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Bombay High CourtFA/1524/2018compramised

Manisha Nanasaheb @ Dyaneshwar Chathe And Others v. The Divisional Manager, United Inida Insurance Co. Ltd., And Others

2018-04-22Shri Justice J P Devadhar2 pages

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SANGITRAO S. PATIL, HELD ON 22nd APRIL, 2018.

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.

1 524 OF 201 ( Sr. No. 924)

ORDER

Appellant nos.1, 4 and 5 are present along with their learned Advocate Shri R.V. Gore. Appellant nos.2 and 3 are minors. They are represented by appellant no.1. Shri. Ravindra Kalkote, Divisional Manager, ( In charge of T.P. Hub) United India Insurance Company Ltd., is present on behalf of Respondent no.1 along with the learned Advocate Shri. Chapalgaonkar.

2] Respondent no.1 has offered lump-sump amount of Rs. 5,00,000/- ( Rupees Five Lakhs) in addition to the amount awarded by the Tribunal towards full and final satisfaction of the claim of the appellants. The appellants voluntarily accepted the said offer. 3] Appellant No.1 has filed application on behalf of appellant nos. 2 and 3 stating therein that the proposed compromise is in the interest of the minors. The said application is supported by her affidavit and certificate of her Advocate. Considering the terms of compromise, we endorse that the proposed compromise is in the interest of minors. Permission granted to

-2compromise on behalf of the minors. It is proposed that an amount of Rs. 1,00,000/- ( Rupees One Lakh )each would be invested in the Fixed Deposit in any Nationalized Bank of the choice of appellant No.1 in the name of appellants nos. 2 and 3, until they attain the age of majority to safe-guard their interests. The proposed compromise being legal and in the interest of the minor- appellant nos. 2 and 3, is accepted. 4] Out of the amount of Rs. 5,00,000/- ( Rupees Five Lakhs) the amount of Rs. 2,00,000/- ( Rupees Two Lakh) be paid to appellant No.1, the amount of Rs. 1,00,000/- ( Rupees One lakh) each be invested in the Fixed Deposits, in the names of appellant nos. 2 and 3 in any Nationalized Bank of the choice of appellant No.1 till they attain the age of majority. The amount of Rs. 50,000/- ( Rupees Fifty thousand) each be paid to appellant nos. 4 and 5.

5] The court fees be refunded to appellant No.1 as per rules. 6] No costs.

7] Award be drawn up accordingly.

( K.B.CHAUDHARI) (A.T.A.K.SHEKH) ( SANGITRAO S. PATIL, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 22-04-2018.

Place: Aurangabad.

YSK/