Icici Lombard General Insurance Co. Ltd. Thr. Manager, Shri. Ashay Mahajan, Nagpur v. Mrs. Sarika Pramod Jadhav And Others

1 40fa36.2018..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO. 36 OF 2018 (ICICI Lombard General Insurance Co Ltd Vs. Mrs. Sarika Pramod Jadhav and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.D. Bhuibhar, Advocate for appellant.

Mr. M.P. Kariya, Advocate for respondent Nos. 1 to 4. CORAM : ABHAY J. MANTRI, J.

DATED : 31-07-2025 Joint Pursis No. 6/2025 Appellant through Mr. Krishnakant Samtani, Legal Officer, appeared, and the respondent Nos. 1 to 4 are personally present before the Court. They admit the contents of the joint Pursis and their signatures on it. Accordingly, they submitted that the appeal be disposed of in terms of joint Pursis and that the amount be transferred to the learned Tribunal for disbursement of the same. The parties have been identified by their respective advocates; hence, the joint Pursis is read and recorded.

First Appeal No. 36/2018 In view of the joint Pursis bearing Stamp No. 6/2025, dated 03.07.2025, the parties have agreed to settle their dispute, and therefore, they prayed for the disposal of the appeal in terms of the said settlement terms. 2) It appears from the record that by order dated 24.04.2019, respondent Nos. 1 to 4 have withdrawn 50% of the total compensation. Respondent Nos. 1 to 4 agree to refund the amount of Rs. 1,00,000/- (Rupees One Lakh) to the appellant Insurance Company out of Rs. 35,07,336/- deposited in the

2 40fa36.2018..odt Court, and the appellant is also agreed to disburse the remaining amount to respondent Nos. 1 to 4 as per the Award. 3) Having considered the aforesaid factual position, I deem it appropriate to dispose of the appeal in terms of Joint Pursis/consent terms. Accordingly, the appeal is allowed and disposed of in terms of the settlement terms. 4.) An amount of Rs. 1,00,000/- be refunded to the appellant company in its bank account, within five weeks, on their furnishing their bank account details to the Registry. 5) The remaining amount lying in this Court be transferred to the learned Tribunal for its disbursement as per the Award along with interest thereon, within five weeks. The Award is to be prepared accordingly.

6) Court fees, if any, permissible in accordance with law, shall be refunded to the appellant.

(ABHAY J. MANTRI, J.) Belkhede