Icici Lombard General Insurance Co. Ltd., Thr Its Manager, Aurangabad v. Rubeena Bi Anwar Pathan And ORS

2024:BHC-AUG:5614 -1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SHAILESH P. BRAHME HELD ON 3rd MARCH 2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

947 FIRST APPEAL NO. 205 OF 2023 ICICI LOMBARD GENERAL UNSURANCE CO. LTD., THR ITS MANAGER, AURANGABAD

VERSUS

RUBEENA BI ANWAR PATHAN AND ORS AND 954 CIVIL APPLICATION NO. 5559 OF 2020 IN FIRST APPEAL STAMP NO. 21274 OF 2019 WITH FIRST APPEAL STAMP NO. 21274 OF 2019 RUBINABI ANWAR PATHAN @ RUBEENA BI ANWAR PATHAN AND ORS

VERSUS

ICICI LOMBARD GENERAL UNSURANCE CO. LTD., THR ITS MANAGER, AURANGABAD ...

Advocate for Appellant/ Insurance Company : Mr. Abhijit Choudhari Advocate for Respondent Nos. 1, 3, 4 and 5 :

Mr. Usmanpurkar Aniruddha S Advocate for Applicants in CA No.5559/2020 : Mr. A.G. Choudhari h/f Mr. Mayure Pramod C.

...

O R D E R

1.

Learned Advocate Mr. Abhijit Choudhari for the appellant/ Insurance Company, learned Advocate Mr. Usmanpurkar alongwith Respondent Nos.1, 3, 4 and 5/ Original Claimants are present before Panel today. Original

-2Claimants are appellants in cross Appeal Stamp No. 21274/2019. They tender on record terms of settlement for disposing of both the appeals. The same is taken on record and marked as 'Exhibit-X' for identification. 2.

In view of terms of settlement, delay in preferring appeal by the Original Claimants, stands condoned. Office is directed to register the First Appeal Stamp No.21274/2019. 3.

With the assistance of learned Counsels, we have ascertained the identification of the parties. 4.

Parties before the Panel pray to dispose of the first appeals in terms of settlement at Exhibit-X.

5.

In case of First Appeal No.205/2023, the amount shall be disbursed to the respondent no.1 to 4/Claimants in the proportion as prescribed by the judgment and order passed by the Tribunal.

6.

In case of appeal filed by the Original Claimants, the respondent no.1/ICICI Lombard General Insurance Co. Ltd., shall deposit an additional amount of Rs.6,00,000/- (Rupees Six Lakhs only) towards full and final settlement of the claim before the Motor Accident Claim Tribunal, Aurangabad within a period of six weeks from today. The same shall be treated as an Undertaking.

-37.

On depositing the amount, Appellant No.1/Rubeena shall be disbursed an amount of Rs.2,00,000/-. Appellant No.2 and 3 shall be disbursed an amount of Rs.1,00,000/- each and Appellant No.4/Bibi shall be disbursed an amount of Rs.2,00,000/-. The amount of minor appellant no.2 and 3 shall be invested in any Nationalized Bank in their name till they attain age of majority. On attaining age of majority, the amount invested alongwith accrued interest shall be disbursed to them.

8.

Both the First Appeals are disposed of in terms of settlement at Exhibit-X and the minutes of the order passed today.

9.

The court fees be refunded as per rules.

10.

Award be drawn up accordingly.

11.

Civil Application, if any stands disposed of. (A.R. Borulkar) (S.G. Shete) (Shailesh P. Brahme, J.) Advocate D. J. (Retired) Head of the Panel Member Member Date: 03.03.2024.

Place: Aurangabad.

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