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Bombay High CourtFA/3876/2019disposed off

The Reliance General Insurance Co. Ltd., Thr Its Legal Officer, Aurangabad v. Vasant Maka Choudhari (Dead) Thr Lrs Kalpanabai And ANR

2021-01-15Hon'Ble Shri Justice V.L. Achliya2 pages

( 1 ) fa3876.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3876 OF 2019 WITH CIVIL APPLICATION NO.791 OF 2021 THE RELIANCE GENERAL INSURANCE CO. LTD. VERSUS VASANT MAKA CHOUDHARI (DEAD) THROUGH LRS.

Mr.R.H. Dahat, Advocate for the appellant.

Mr.V.P. Raje, Advocate for respondent No.2.

CORAM : V.L.ACHLIYA,J.

DATED :

15.01.2021 P.C. :- 01.

The advocate for appellant-insurance company is present. Respondent No.2 is present along with her advocate. The consent terms filed by the appellant and respondent No.2 are already taken on record and marked "X" for identification. Respondent No.1 - husband of respondent No.2 died during pendency of claim petition. Respondent No.2 is claimed to be sole legal representative of deceased respondent No.1.

02.

Respondent No.2 present in person admits her signature and further confirmed that in terms of settlement, she is going to receive Rs.16,36,000/- (Rupees Sixteen Lakhs Thirty Six Thousand) [inclusive of 'no fault liability' amount] and balance amount deposited by the insurance company to be payable to the

( 2 ) fa3876.19 appellant-insurance company. After making deduction of Rs.50,000/- (Rupees Fifty Thousand) towards no fault liability. the applicant will receive Rs.15,86,000/- (Rupees Fifteen Lakhs Eighty Six Thousand), out of amount of Rs.20,64,084/- (Rupees Twenty Lakhs Sixty Four Thousand Eighty Four) deposited with the Court. 03.

Respondent No.2 appeared before the Registrar (Judicial) for identification and verification. The Registrar (Judicial) has submitted report on verification and identification of parties. The same is taken on record and marked "Y" for identification.

04.

The settlement reached between the parties appears to be voluntary and in the intertest of parties. Hence, following order is passed :-

O R D E R

(i) The appeal is disposed of in terms of consent terms, marked "X" for identifcation.

(ii) Decree be drawn accordingly.

05.

In view of disposal of appeal, civil application, if any, pending be marked as disposed of. [V.L.ACHLIYA,J.] snk/2021/JAN21/fa3876.19