The New India Assurance Company Limited. Through Its Kolhapur Divisional Manager v. Smt.Rupali Shernik Kumbhoje And ORS.

Priya Soparkar 1/2 366-FA-1314-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1314 OF 2019 The New India Assurance Company Limited Through its Kolhapur Divisional Manager ....Appellant

Versus

Rupali S. Kumbhoje and ors.

....Respondents ********* Ms. Jyoti B. Pandey h/f Ms. Shalini Shankar, Advocates for the Appellant. Mr. Pritesh Bohade, Advocate for the Respondents. Mr. Saurin Saha, Assistant Manager, The New India Assurance Company Limited is present.

Ms. Rupali S. Kumbhoje, Mr. Bharat S. Kumbhoje and Ms. Rutuja S. Kumbhoje- Respondents present.

********* CORAM :

SADHANA S. JADHAV, J., HEAD OF THE PANEL S.R. AGRAWAL, REGISTRAR, (JUDICIAL-II), MEMBER P.R. NAVALE, OSD AT (JUDICIAL-I), MEMBER DATE :

14th DECEMBER, 2024.

P.C. :

1.

The parties are before the Court.

2.

It is submitted that they have arrived at an amicable settlement. The Consent Terms are filed on record. It is agreed that the RespondentRupali S. Kumbhoje will withdraw an amount of Rs.15,75,373/- alongwith the accrued interest as full and final settlement. The amount is deposited Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.01.10 15:41:13 +0530 PRIYA RAJESH SOPARKAR

Priya Soparkar 2/2 366-FA-1314-2019.doc before the Motor Accident Claims Tribunal at Jaisinghpur. It is also agreed that after withdrawal of the amount, the entire decree shall stand satisfied. The Appellant has deposited the decretal amount of Rs.18,25,373/-. However, the Respondent has consented to accept an amount of Rs.15,75,373/- as an amount of settlement. Rs.2,50,000/- shall be withdrawn by the Appellant. The Consent Terms are signed today i.e. 14th December, 2024 and signed by all the parties i.e. by legal heirs - Bhopal N. Kumbhoje and Sushila B. Kumbhoje. Besides this, there are no legal heirs. 2.

In view of the above settlement, the First Appeal stands disposed of with no order as to costs.

3.

Amount of statutory deposit, if any, be transferred to the concerned MACT.

4.

Court fees be refunded as per rules.

5.

Interim Applications, if any, stand disposed of. (P.R. NAVALE) (S.R. AGRAWAL) (SADHANA S. JADHAV, J.) OSD at (Judicial-I) Member Registrar (Judicial-II) Member Head of the Panel