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Bombay High CourtFA/3957/2023disposed off

The New India Assurance Company Ltd Motor Third Party Hub v. Mangal Nivrutti Surase And Others

2024-03-03Lok Adalat2 pages

2024:BHC-AUG:5754 1 919.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE S.P. BRAHME, J.

HELD ON 03RD MARCH, 2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 919 FIRST APPEAL NO. 3957 OF 2023 THE NEW INDIA ASSURANCE COMPANY LTD MOTOR THIRD PARTY HUB

VERSUS

MANGAL NIVRUTTI SURASE AND OTHERS .....

Advocate for Appellant : Mr. Mandlik Pratap Pravin Advocate for Respondent Nos. 1 & 2 : Mr. Gandhi Amol Subhash

O R D E R

1.

Learned counsel Mr. P.P. Mandlik along with representative officer Mr. Dinesh Bankar of the appellant, Mr. A.S. Gandhi along with Smt. Mangal Nivrutti Surase, respondent no. 1 - Original Claimant no. 1 are present. Both the parties tender on record terms of compromise, authority letter of the officer and authority letter of respondent no. 2 - Suwarna Nivrutti Surase. The same is accepted and marked as exhibit 'X'.

2.

Parties pray to dispose the First Appeal in view of terms of settlement.

3.

With the help of learned counsel, we have verified identity of respondent no. 1 as well as ascertained the reasons as to why respondent no. 2 - Suwarna, is unable to remain present today. Considering the authority letter placed on record duly sworn by respondent no. 2 -Suwarna Nivrutti Surase, this panel proceeds to dispose of First Appeal.

2 919.odt 4.

First Appeal is disposed of in terms of compromise tendered on record. As per the terms of settlement, respondent no. 1 - Mangal Nivrutti Surase shall be disbursed an amount of Rs. 14,40,000/- and respondent no. 2 - Suwarna Nivrutti Surase, shall be disbursed an amount of Rs. 3 Lakhs from the amount which is already deposited by the appellant in this Court.

5.

The Insurance Company shall be disbursed balance amount of compensation including statutory amount along with accrued interest. 6.

Award be drawn up accordingly.

7.

Pending Civil Applications, if any, stand disposed of. 8.

Court fees be refunded as per Rules.

( A.R. Borulkar ) ( S.G. Shete ) (Shailesh P. Brahme, J. ) Advocate District Judge (Retired) Head of the Panel Member Member Date : 03.03.2024 Place : Aurangabad.

Thakur-Chauhan/-