Divisional Officer, The New India Assurance Company Ltd Through Branch Manager v. Savita Pandit Rathod And Others

2024:BHC-AUG:23514 914-FA-4514-2023 -1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SHAILESH P. BRAHME HELD ON 28th SEPTEMBER 2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

______________________________________________ FIRST APPEAL NO. 4514 OF 2023 DIVISIONAL OFFICER, THE NEW INDIA ASSURANCE COMPANY LTD THROUGH BRANCH MANAGER

VERSUS

SAVITA PANDIT RATHOD AND OTHERS ...

Advocate for Appellant/Assurance Company : Mr. R.R. Imale h/f Mr. S.V. Kulkarni Advocate for Respondent Nos. 1 to 3 : Mr. M.L. Kolhe and Mr. A.M. Tarde ...

O R D E R

1.

Learned Advocate Mr. R.R. Imale holding for Mr. Sudhir V. Kulkarni for the appellant/Assurance Company, Mr. M.L. Kolhe and Mr. A.M. Tarde for the respondent nos.1 to 3/claimants are present before the Panel today. They tender on record the joint pursis which is taken on record and marked as 'Exhibit-X' for identification. 2.

With the assistance of learned Counsels, we have ascertained the identification of respondent nos. 1 to 3. 3.

It is informed that the respondent no.4/Uma Dipa Rathod is no more. He died when the matter was before the Tribunal. Learned Counsel for the respondent nos. 1 to 3 informs that pursis has already been filed in the First Appeal

914-FA-4514-2023 -2indicating that the respondent nos. 1 to 3 are the only legal representatives and heirs of deceased - respondent no.4. 4.

The first appeal is disposed of in view of joint pursis at Exhibit-X.

5.

As agreed between the parties, the amount of Rs.2,00,000/- (Rupees Two Lakhs) shall be permitted to be withdrawn by the appellant/Insurance Company which has already been deposited in the High Court. The balance amount alongwith accrued interest shall be disbursed to the respondent nos. 1 to 3 towards full and final settlement. 6.

The Court fees shall be refunded as per rules. 7.

Award be drawn up accordingly.

8.

Civil Application pending if any, is disposed of. 9.

Record and Proceeding if any, be remitted back to the concerned Court/Tribunal.

(A.R. Borulkar) (U.L. Telgaonkar) (Shailesh P. Brahme J.) Advocate D. J. (Retired) Head of the Panel Member Member Date: 28.09.2024.

Place: Aurangabad.

Najeeb..