The Executive Engineer, Bembla Project, Yavatmal v. Avdhoot Bhikuji Mundle And Others

HIGH COURT LEGAL SERVICES SUB-COMMITTEE, NAGPUR BENCH, NAGPUR.

BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 401/2018 E.E. Bembla Project, Yavatmal.

Versus

Avdhut Bhikuji Mundle and others Shri P.B.Patil, Advocate for the Appellant Shri A.B. Nakshane, Advocate for the Respondents/claimants. Shri M.A. Kadu, A.G.P. for Respondent Nos. 4 and 5.

ORDER

(Passed on 17thMarch, 2019) Not on board. Taken on board.

The respondents/claimants are present along with their Advocate. In this appeal, the appellant and the respondents have settled their dispute but, the issue of death of one of the respondents i.e. respondent No.3 is required to be addressed. The respondent Nos.1 and 2 are legal representatives of the deceased respondent No.3 and there are two more legal representatives, who would be entitled to the relief flowing from the terms of compromise between the parties. In order to facilitate the finalization of the terms of compromise between the parties, this panel of the Lok Adalat is exercising powers under section 22 of the Legal Services Authorities Act, 1987 to permit the parties to place on record documents in the form of death certificate of respondent No.

3 showing her date of death as 11/07/2018 and affidavits of all the four legal representatives with documents of identification, so that the amount towards compensation as agreed between the parties can be disbursed. This Panel of the Lok Adalat is exercising powers under section 22 (1) (b) (c) (e) and sub-section (2) thereof. The parties have willingly and amicably settled the dispute. Both parties have filed terms and conditions of compromise in Form "H". Terms of compromise are read over and recorded.

view of compromise, appeal is disposed of. The respondent/claimants shall be entitled to withdraw amount of compensation along with accrued interest, after deducting the amount, if any already withdrawn, as per orders of the Court. In view of above, the appeal is disposed of.

Court fees, if any, be refunded to the Appellant(s) as per rules. MEMBER MEMBER PRESIDING OFFICER (A.P. Matte) (Sameer Sohoni) Justice Manish Pitale Retd. D.J.

Advocate JUDGE Deshmukh