Thr Proprietor, Gopika Wood Industries, Rep. By Its Partner, Darshan Salelkar., v. Laxmi Naik And 4 ORS.,

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY NATIONAL LOK ADALAT Sitting:- 25th June, 2022 Panel - 2: SHRI JUSTICE A. P. LAVANDE, (FORMER JUDGE, HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI ASHWIN D. BHOBE, ( ADVOCATE) MEMBER & SHRI SHIVAN DESAI, (ADVOCATE) MEMBER FIRST APPEAL NO.25 OF 2017 THR PROPRIETOR, GOPIKA WOOD INDUSTRIES, REP.

BY ITS PARTNER, DARSHAN SALELKAR.

VS LAXMI NAIK AND 4 ORS.

... Appellant.

... Respondents.

Appellant present along with Mr. P. A. Kholkar, Advocate for the appellant.

Respondent Nos. 1, 2 and 3 present along with Mr. I. Agha, Advocate for respondent Nos. 1, 2 and 3.

None for respondent Nos. 4 and 5.

MINUTES 1.

This appeal is preferred by the appellant, the owner of the offending vehicle involved in the accident in which Laxman Naik, the husband of respondent No.1 and father of respondent Nos.2 and 3 died. 2.

The claim petition filed by respondent Nos. 1, 2 and 3 was partly allowed and the tribunal awarded total compensation of Rs.13,65,000/- along with interest thereon at the rate of 9% per annum from 17.07.2012 till the actual payment.

3.

Today, the appellant and the respondent Nos.1, 2 and 3 are present before us who have stated that they are agreeable to settle the matter in case the appellant pays to them Rs.10 lakhs by way of full and final settlement of their claim. We are satisfied that the compensation agreed to by the parties is fair and moreover, the respondent Nos. 1, 2 and 3 have agreed to accept the said amount in full and final settlement of their claims made by them.

4.

The consent terms duly signed by the parties and their respective Advocates are taken on record and marked 'X' for identification purpose.

5.

In terms of the consent terms, the appellant shall deposit the amount of Rs.10 lakhs in the registry of the Hon'ble High Court of Bombay at Goa. Liberty to respondent Nos.1, 2 and 3 to apply for withdrawal of the amount before the appropriate Bench. The award passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No.135/2012 is accordingly modified. 6.

The appeal is disposed of in the aforesaid terms. SHRI JUSTICE A. P. LAVANDE , (FORMER JUDGE, HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI ASHWIN D. BHOBE, ( ADVOCATE) MEMBER & SHRI SHIVAN DESAI, (ADVOCATE) MEMBER