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Bombay High CourtFA/188/2019compramised

Mahadu Pandurang Shinde And ANR v. New India Assurance Co. Ltd., Thr Branch Manager, Ahmednagar And ANR

2020-02-08Shri Justice J P Devadhar2 pages

917-FA-188-19.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE M. G. SEWLIKAR, HELD ON 08.02.2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.188 OF 2019 MAHADU PANDURANG SHINDE AND ANOTHER VS.

NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER ...

Shri V. P. Latange, Advocate for Appellants Shri. A. Kadethankar, Advocate for Respondent No.2 ...

O R D E R

(08th February, 2020) 1.

Appellants No.1 and 2 are present. They are identified by Shri V. P. Latange, Advocate for appellants. Both the appellants have produced their respective Aadhar Card for the purpose of identification.

2.

Respondent No.1 is present through its authorised officer, Shri S. M. Bhimgade. He is identified by Shri. A. B. Kadethankar, Advocate for respondent No.1.

2.

Both the parties admit the terms of compromise and their respective signatures. The compromise pursis is placed on record and is marked as Exhibit 'X' for identification. 3.

In view of compromise pursis at Exhibit 'X', respondent No.1 do pay additional compensation of Rs.2,70,000/- (Rupees Two

917-FA-188-19.odt Lakh Seventy Thousand Only) in full and final settlement of the claim inclusive of NFL amount, interest, cost and other incidental expenses. Parties admit that they have already received Rs.30,000/- (Rupees Thirty Thousand Only) as awarded by the Motor Accident Claims Tribunal, Ahmednagar.

4.

Amount of Rs.2,70,000/- (Rupees Two Lakh Seventy Thousand Only) shall be deposited by respondent No.1 within a period of six weeks from the date of receipt of copy of award, failing which it shall carry interest as directed by the M.A.C. Tribunal, Ahmednagar, from today till the realisation of the entire amount. 5.

The first appeal is disposed of. Civil Application, if any, also stands disposed of.

6.

Court fees be refunded as per rules.

(Smt. S.G. CHINCHOLKAR,) (A.T.A.K. SHEKH) (M.G. SEWLIKAR, J.) Advocate, D.J. (Retd.) Head of the Panel Member Member SVH