Rajendra Babani Naik., v. Subash Gaonkar And 2 ORS.,

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.26 OF 2018 Mr. Rajendra Babani Naik, Aged 46 son of late Babani R. Naik.

Row house no 6, Plot no. B/4, Navsai Cooperative Society, behind St.

Joaquim Chapel, Marlem Borda, Margao, Salcete, Goa ...... Appellant.

Versus.

1. Mr. Subash Gaonkar s/o Mr. Vaddo Gaonkar, age 41 yrs. at resident of House no.8, Villian Bhati Sangum Goa.

2. The Kadamba Transport Corporation of Goa'

Panaji Goa.

3. The Oriental Insurance Corporation Limited, at David House, Box No.234, Margao, Goa.

...... Respondents.

Mr. Roshan Tarikar, Advocate for the Appellant. Mr. A.R. Kantak with Mr. Raunaq Kantak, Advocates for Respondents No.1 and 2.

CORAM :

M. S. SONAK, J.

DATE :

th July 2022

ORAL ORDER : - 1.

Heard Mr. Roshan Tarikar for the Appellant and Mr. A.R. Kantak with Mr. Raunak Kantak for the Respondent No.2 (KTCL).

2.

The learned Counsel for the parties hand in consent terms, duly signed by the Appellant Shri Rajendra B. Naik and the Managing Director of the KTCL. The consent terms have been signed by the Advocates for the Appellant and the KTCL to identify the signatures.

3.

The consent terms are taken on record and marked as "X" for identification.

4.

As per the consent terms, the KTCL has agreed to pay the Appellant Shri Rajendra B. Naik compensation of 1,00,000/- (Rupees on lakh) in full and final settlement of all his ₹ claims. The KTCL has undertaken to pay this amount to the Appellant within four weeks from today.

5.

Mr. Rajendra B. Naik is present in the Court and he states that he has signed these consent terms after understanding their scope and import. He states that he is agreeable to settle the matter on the terms set out in the consent terms.

6.

Smt. Subhada Prabhudessai, Officer on Special Duty with the KTCL is also present in the Court. She has filed necessary authorisation letter from her Managing Director. She identifies the signature of her Managing Director and states that the consent terms have indeed been agreed upon. 7.

In my opinion, the consent terms are quite fair and, therefore, there is no reason not to accept the same. 8.

Accordingly, the consent terms are accepted and this Appeal is disposed of in terms of the said consent terms. The impugned award will stand modified in terms of the consent terms.

9.

Mr. Kantak states that the compensation amount will be directly paid to the Appellant Shri Rajendra B. Naik by a cheque or by direct transfer. Shri Rajendra Naik is willing to accept the payment by these modes, directly.

10.

The Appeal is, accordingly, disposed of. There shall be no order for costs.

M. S. SONAK, J.

Date: 2022.07.29 12:33:48 +05'30'

SANTOSH S MHAMAL