The New India Assurance Co. Ltd., Thane (W) v. Chamara Somara Uraw And ORS.

P.H. Jayani 430 FAST34358.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 34538 OF 2023 WITH INTERIM APPLICATION NO. 6585 OF 2024 WITH INTERIM APPLICATION NO. 6584 OF 2024 IN FIRST APPEAL (ST.) NO. 34538 OF 2023 The New India Assurance Co. Ltd., Thane .... Appellant V/s.

Chamara Somara Uraw and Ors.

.... Respondents Ms. S.S. Dwivedi i/b. Ms. Jyoti Bajpayee for the Appellant. Mr. Sachin Vanjare for Respondent Nos.1 to 5. Respondent Nos.1 to 5 (through VC) Mr. Shivansh Joshi, Administrative Officer (Legal) of the New India Assurance Co., 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. :- .

Ms. Dwivedi, the learned Counsel for the Appellant and Mr. Vanjare, the learned Counsel for Respondent Nos.1 to 5 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 1/3

P.H. Jayani 430 FAST34358.2023.doc per the Consent Terms.

2) The Respondent No.2 has signed the Consent Terms for herself and on behalf of Respondent Nos.4 and 5 (both being minors). The Consent Terms are also signed by the learned Counsel for the parties. The parties are identified by the learned Counsel. The Consent Terms are read and recorded. The Consent Terms are marked as 'X'. 3) As stated in the Consent Terms, the Appellant has deposited an amount of Rs.13,22,343/- [principal amount - Rs.9,00,880/- and interest - Rs.4,21,463/-]. Learned Counsel for the parties stated that the said entire amount is lying in a fixed deposit. As per the Consent Terms, Respondent Nos.1 to 5 have agreed to accept Rs.11,11,611.50/- [principal amount - Rs.9,00,880/- and 50% interest, i.e., Rs.2,10,731.50/-]. The Appellant will be entitled for refund of the balance interest amount of Rs.2,10,731.50/-. 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 Appellant shall pay total compensation of Rs.11,11,611.50/- (Rs.9,00,880/- + Rs.2,10,731.50/-) along with interest accrued thereon with the Commissioner for Employees Compensation, Thane from the date of deposit till realization of the said amount.

(b) The balance amount of Rs.2,10,731.50/- along with 2/3

P.H. Jayani 430 FAST34358.2023.doc accrued interest thereon, shall be refunded to the Appellant. 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.

11) The Consent Terms shall form part and parcel of this Order. (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 12:50:29 +0530 3/3