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Bombay High CourtFA/40/2022disposed of

Shrikant Vishnu Deuskar v. Ashok Hosmani And 2 ORS

2022-12-22Hon'Ble Shri Justice M. S. Sonak3 pages

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO. 40 OF 2022 Mr. Shrikant Vishnu Deuskar, Son of Mr. Vishnu Deuskar, Aged about 50 years, Businessman, married, Indian National, Resident of H. No. 83/4-B, Molebhat, Saligao, Bardez - Goa.

..... Appellant.

Versus

1. Mr. Ashok Hosmani, Son of Mr. Mahadev Hosmani, Major of age, Driver, Indian National, Resident of H. No. E/108, Xelwada, Bastora, Near Siddeshwar Temple, Bastora, Bardez - Goa, (Driver of Tata Sumo Vehicle Bearing Registration No. GA01-N-5494).

2. Mr. Subaray Arjun Mandrekar, Son of Mr. Arjun Mandrekar, Major of age, businessman, Indian National, Resident of H. No. 135, Freitas Vaddo Verla Parra, Bardez - Goa.

(Owner of Tata Sumo Vehicle bearing Registration No. GA-01-N-5494).

3. The New India Assurance Company Limited, Having office at Coscar Corner, 1 st Floor, Hotel Bardez, Mapusa, Goa 403507 ..... Respondents. Mr. Amey Arjun Phadte, Advocate for the Appellant.

Mr. L. Raghunandan, Advocate under Legal Aid Scheme for Respondent No.1.

CORAM :

M. S. SONAK, J.

DATE : 22 nd December 2022 ORAL JUDGMENT: - 1.

Learned Counsel for the parties hand in consent terms, which are taken on record and marked as "X" for identification. The consent terms are signed by the Appellant and Respondents No.1 and 2. The Appellant-Claimant is present in the Court. So also Respondents No.1 and 2 are present in the Court. Respondent No.3 is already dropped.

2.

The parties present in the Court state that they have understood the scope and import of the consent terms that they are now filing and have signed the consent terms willingly. Subaray Arjun Mandrekar states that he has given the post-dated cheque of 50,000/- and this cheque will be duly honoured when ₹ presented by the Appellant to the Bank.

3.

The consent terms enhance the compensation payable to the Appellant from 75,000/- to 2,00,000/- for the injuries ₹ ₹ suffered by him in the vehicular accident.

4.

Accordingly, the consent terms are accepted and First Appeal No.40/2022 is disposed of in terms of the consent terms. The impugned award is modified accordingly.

5.

The appeal is disposed of in the above terms. There shall be no order for costs.

M. S. SONAK, J.

SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2022.12.23 11:05:35 +05'30'