Kailash Sonu Dhalwale And ORS. v. Manoj Mahendra Baviskar And ANR.

P.H. Jayani 425 FA307.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 21303 OF 2021 WITH INTERIM APPLICATION NO. 307 OF 2024 IN FIRST APPEAL (ST.) NO. 21303 OF 2021 Kailash Sonu Dhalwale and Ors.

.... Appellants V/s.

Manoj Mahendra Baviskar and anr.

.... Respondents Mr. Rahul Ahmed Siddiqui a/w. Mr. Siddharth Patil, appointed for the Appellants.

Ms. Prachi Pawar and Adv. Sayanthani Mitra for Respondent No.2. Mr. Dnyanada P. Avhad, Asst. Manager of Respondent No.2 - Oriental Insurance Company, present.

CORAM : SHRI. SHYAM C. CHANDAK, J.

(HEAD OF THE PANEL) SHRI. G.P. DESHMUKH, OSD at CPC (MEMBER) SHRI. VISHAL A. SATHE, OSD at Central Project Co-ordinator (MEMBER) DATE : 13th SEPTEMBER, 2025 P.C. :- .

Mr. Siddiqui, the learned appointed Advocate for the Appellants, Ms. Prachi Pawar, learned Advocate for Respondent No.2 and Mr. Dnyanada Avhad, Asst. Manager of Respondent No.2 - Insurance Company have tendered the Consent Terms dated 13th September, 2025. They stated that the dispute between the parties is settled and the present Appeal may be disposed of as per the Consent Terms. 2) The Consent Terms are signed by the parties and their 1/3

P.H. Jayani 425 FA307.2024.doc respective Advocates. The Consent Terms are read and recorded. The Consent Terms are marked as 'X'.

3) As stated in the Consent Terms, the Tribunal awarded an amount of Rs.2,67,600/- alongwith interest at the rate of 7.5 % p.a. from the date of the petition till realization. The Appellants and Respondent No.2 have mutually decided to settle the dispute between them for an amount of Rs.17,28,000/-. The Appeal deserves to be disposed of as compromised in terms of the Consent Terms.

4) Hence, following Order is passed.

5) The impugned Award is modified as under :- (a) The Respondent No.2 shall pay Rs.17,28,000/- to the Appellants within a period of seven weeks from today. (b) The said amount shall be deposited before the Motor Accident Claims Tribunal, Mumbai.

(c) As stated by the learned Counsel for the Appellant, the said amount be disbursed amongst the Appellants equally. 6) Appeal stands disposed of as compromised in terms of the Consent Terms.

7) Award be drawn accordingly.

8) Pending Application/s, if any, stand disposed of in view of the disposal of the Appeal.

9) Statutory deposit, if any, with the accrued interest shall be transferred to the Tribunal for its refund.

10) Court fee, if any, be refunded as per Rules.

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P.H. Jayani 425 FA307.2024.doc 11) The Consent Terms shall form part and parcel of this Order. 12) Honorarium be paid to the appointed Counsel for the Appellant.

(SHRI. VISHAL A. SATHE) (SHRI. G.P. DESHMUKH) (SHRI. SHYAM C. CHANDAK, J.) MEMBER MEMBER HEAD OF THE PANEL PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.10.04 12:59:40 +0530 3/3