Sabiya Afsar Shah And ANR v. Dr. Raju Vithalrao Jahav And ANR

2025:BHC-AUG:35549 (1) BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF BOMBAY BENCH AT AURANGABAD Organized by High Court Legal Services Sub-Committee, Aurangabad under section 19, of the Legal Services Authorities Act, 1987 (Central Act) Appellants : SABIYA AFSAR SHAH AND ANOTHER Respondent : Dr. Raju Vithalrao Jahav and others No. of proceedings : FIRST APPEAL NO. 42 OF 2025 Present :- Name of Hon'ble High Court Judge: SHRI Y.G. KHOBRAGADE Retired Judicial Officer: Shri. Kishor R. Chaudhari Name of Member : Shri. A.R. Borulkar A W A R D The dispute between the parties having been referred for determination to the Lok Adalat.

1.

The learned counsel for the appellant Mr. Syed Moisali Amjedali and appellants are present. The learned counsel Mr. Mohit R. Deshmukh for Respondent No.2 Bajaj Allianz General Insurance Co. Ltd along with authorized representative Mrs. Madhuri Mohan Gabhud are present today.

2.

With the assistance of the learned counsels, we have ascertained identification of the appellants and representative of respondent No.2. They affirm the terms of the settlement.

(2) 3.

The appellant and respondent No.2 have field joint pursis/ Deed of Compromise in respect of settlement of dispute. The said pursis is taken on record and marked exhibit 'X' for identification. 4.

By the present appeal, the appellants/ original claimants prayed for enhancement of compensation. On 29.08.2024, the learned Chairman, Motor Accident Claims Tribunal, Aurangabad passed the judgment and award in Motor Accident Claim Petition No. 403 of 2022 and granted compensation of Rs. 25,87,000/- (Twenty Five Lakhs Eighty Seven Thousand) inclusive of No Fault Liability amount with interest @ rate of 6% per annum from the date of petition till its entire realization.

5.

Respondent No.2/Insurance Company already deposited said amount and claimants have already withdrawn the same. 6.

During the pendency of present appeal, the appellants and respondent No.2 agreed to settle the dispute. As per the compromise - pursis Exhibit '.X' Respondent No.2/ Insurance Company agreed to pay additional amount of Rs. 5,00,000/- (Rupees Five Lakh only) towards full and final settlement, inclusive the interest amount and the appellants/claimants have agreed to receive the same. 7.

Respondent No.2 agreed to deposit additional amount of compensation OF Rs. 5,00,000/- (Rupees Five Lakhs) within a period

(3) of eight weeks from today before the learned Member, Motor Accident Claims Tribunal, Aurangabad. The apportionment, if any, may be made, as per the award passed by the learned Tribunal. On depositing the amount, the appellants are permitted to withdraw the same. 8.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

9.

The first appeal stands disposed of in terms of the settlement Exhibit-X and pending Civil Applications, if any, also stand disposed of. 10.

Award be drawn up in terms of compromise Exhibit 'X'. (A. R. BORULKAR) (K. R. CHOUDHARI) (Y.G. KHOBRAGADE) MEMBER RETIRED DISTRICT JUDGE HEAD OF THE PANEL Date: 13.12.2025 (Seal of the Authority/Committee) Ysk/