Vinod Ganpat Tendulkar v. Dipu Uday Upadhaya And 2 ORS.,

1 FA-48-2012

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY LOK ADALAT Sitting:- 09th January, 2021 Panel - 1: SHRI JUSTICE A. P. LAVANDE, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI SUDIN USGAONKAR, (SENIOR ADVOCATE) MEMBER & SHRI A. D. BHOBE, (ADVOCATE) MEMBER FIRST APPEAL No. 48 OF 2012 VINOD GANPAT TENDULKAR ... Appellant

Versus

DIPI UDAY UPADHAYA AND 2 ORS.

... Respondents Mr. Deepak Gaonkar, Advocate for the Appellant. Respondents No.1 and 2 are formal parties.

Mr. Viraj U. Timble, Advocate for the Respondent No.3.

O R D E R

Aggrieved by the inadequacy of the compensation granted by the Motor Accidents Claims Tribunal at Mapusa in

2 FA-48-2012 Claim Petition No.19 of 2009, the appellant/claimant has preferred the present appeal claiming higher compensation. 2.

Indisputably, the compensation awarded by the Claims Tribunal has been deposited by respondent No.3 in the Claims Tribunal at Mapusa.

3.

We have been able to pursuade both parties to settle the matter amicably.

4.

The appellant has agreed to settle the matter by accepting additional amount of ₹1,75,000/- in full and final settlement of the claim in the present appeal. 5.

Mr. Timble appearing for the Insurance Company, upon taking instructions from Mr. P. S. Hanvekar, Divisional Manager, states that Insurance Company is agreeable to settle the matter by depositing additional amount of ₹1,75,000/- in the Hon'ble High Court within a period of two weeks. 6.

Accordingly, the respondent No.3 shall deposit an amount of ₹1,75,000/- in the Hon'ble High Court in full and final settlement of the claim made in the appeal within a period of two weeks.

7.

Consent terms duly signed by the parties are taken on record and marked 'X' for identification.

3 FA-48-2012 8.

The appeal stands disposed of in terms of the consent terms.

9.

Needless to mention that the appellant will be entitled to withdraw the aforesaid amount after deposit by taking appropriate proceedings.

SHRI JUSTICE A. P. LAVANDE, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER SHRI SUDIN USGAONKAR, (SENIOR ADVOCATE) MEMBER SHRI A. D. BHOBE, (ADVOCATE) MEMBER msr.