Bombay High CourtFA/646/2016dispossed offdismiss for default

I. C. I. C. I. Lombard General Insurance Company Ltd. Through Lrs.Gegal Manager Ashay Mahajan,Mumba v. Smt. Ashwini Wd/O Sanjay Kewat And Others

2016-09-23Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa646.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.646 OF 2016 (ICICI LOMBARD GENERAL INSURANCE CO.LTD....VS..SMT. ASHWINI SANJAY KEWAT & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D.Bhuibhar, Advocate for Appellant.

Shri P.R.Agrawal, Advocate for Respondent Nos. 1, 2 & 3. CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 23, 2016.

Pursis dated 23rd September, 2016 signed by Shri Mayur Arun Pradhan, Legal Executive of the appellant company, the respondent Nos.1, 2 and 3 and the respective advocates is tendered in the Court. It is marked as "X" for identification. The signatories, identified by the respective advocates, are present.

The learned advocates submit that the terms of settlement recorded in the above mentioned pursis are in consonance with the award passed by the Tribunal and the only modification is that the Tribunal had granted compensation by deducting 1/4th amount for the personal expenses of deceased and according to law the deduction should have been 1/3rd of the amount.

I find that the terms of settlement are just and proper and can be accepted.

2 fa646.15 The condition imposed by the Tribunal regarding deposit of the amount in nationalized bank can be waived as requested by the claimants as the claimants are major. The amount be disbursed as per the terms recorded in the pursis.

The appeal is disposed in terms of the settlement recorded in the above mentioned pursis.

In the circumstances, the parties to bear their own costs.

JUDGE RRaut..

3 fa646.15 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 26/09/2016.