The New India Assurance Company Ltd. v. Mr. Santosh Yashwant Bobade And ORS.

P.H. Jayani 170 FA399.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE SPECIAL LOK ADALAT FIRST APPEAL NO. 399 OF 2020 The New India Assurance Company Ltd.

....Appellant v/s.

Santosh Yashwant Bobade and ors.

.... Respondents Mr. Misar for the Appellant.

Mr. Pramod J. Pawar for Respondent Nos.1 and 2. CORAM : S. M. MODAK, J.

D.S.DESHMUKH, REGISTRAR JUDICIAL-II.

K.N. SHINDE, DEPUTY REGISTRAR (PERSONNEL).

DATE : 06th FEBRUARY, 2021.

P.C. :- .

The Appellant is present through their representative, so also Respondent Nos.1 and 2 are present. They have settled the matter. Consent Terms is duly executed by all of them. They are identified by their respective Advocates. The Consent Terms are taken on record and marked as 'Exhibit - X' for identification.

2.

The Insurance Company has deposited an amount of Rs.6,36,919/- (inclusive of N.F.L & interest) before the Claims Tribunal, 1/2

P.H. Jayani 170 FA399.2020.doc Satara. Out of that amount, the Insurance Company will get back the amount of Rs.1,50,000/- and the Respondent Nos.1 and 2 will get an amount of Rs.4,86,919/-. Hence, the following order :- (a) The Appeal is disposed of in terms of the Consent Terms. (b) The Claims Tribunal, Satara is directed to pay an amount of Rs.4,86,919/- along with accrued interest to Respondent Nos.1 and 2 in equal proportion.

(c) After completing the office procedure, the Claims Tribunal is directed to return an amount of Rs.1,50,000/- along with accrued interest to the Appellant - Insurance Company. (d) The Statutory Deposit along with the accrued interest thereon, be transferred to the concerned Claims Tribunal forthwith. (e) Court fees, as permissible under the rules, be refunded. (f) All pending Civil Applications, if any, stands disposed of. (g) R&P, if any, be sent back forthwith.

(K. N.SHINDE) (D.S. DESHMUKH) (S. M. MODAK, J.) Preeti H.

Jayani Preeti H. Jayani Date: 2021.02.15 15:10:35 +0530 2/2