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Bombay High CourtIA/10281/2024disposed off

Oriental Insurance Co. Ltd., v. Mr. Rakesh Dhananjay Sarkar And ANR.

2024-09-28Hon'Ble Justice Smt Manjusha Ajay Deshpande , National Lok Adalat2 pages

1/2 219 Fa(St)-15821-2023.doc Digitally signed by CHAITANYA ASHOK JADHAV Date:

2024.11.14 13:20:52 +0530 CHAITANYA ASHOK JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.15821 OF 2023 WITH INTERIM APPLICATION NO. 10280 OF 2024 WITH INTERIM APPLICATION NO. 10281 OF 2024 Oriental Insurance Co. Ltd.

.. Appellant

Versus

Mr. Rakesh Dhananjay Sarkar And Anr. .. Respondents ...

Mr. Sanjay Krishnan i/b Leges Consultus, for the Appellant Mr. Purshottam N. Jadhav, for the Respondents. ...

CORAM : MANJUSHA A. DESHPANDE, J., HEAD OF THE PANEL L.D. BILE, REGISTRAR, (INSPECTION-II), MEMBER P.R. NAVALE, OSD AT (JUDICIAL-I), MEMBER DATE : 28th SEPTEMBER, 2024.

P.C:- 1.

The First Appeal has been filed by the Appellant/Insurance Company against the Order dated 18.08.2022 passed by the Member, MACT, Mumbai, allowing the claim of the Claimant.

Chaitanya

2/2 219 Fa(St)-15821-2023.doc The representative of the Appellant-Company is present. The Respondent No.1 is present through VideoConferencing and is identified by his Advocate. A copy of the Passport of the Respondent No.1 is placed on record. The Claimant has authorized his Advocate to settle the matter and an email to that effect is placed on record.

2.

Today, the Appellant as well as the Respondent No.1-Claimant have filed Consent Terms.

As per the Consent Terms, the Respondent No.1/Claimant is agreed to accept an amount of Rs.13,50,000/- towards full and final settlement of their claim arising from the Award under challenge. The Appellant undertakes to deposit the said amount within four weeks from today. The statutory amount of Rs.25,000/- which is deposited while preferring the Appeal, be refunded to the Appellant.

3.

In view of the Consent Terms, First Appeal stands disposed off.

4.

In view of the disposal of the First Appeal, the Interim Applications do not survive and are also disposed off. 5.

Court fees be refunded as per rules, if any.

(P.R. NAVALE) (L.D. BILE) (MANJUSHA A.

DESHPANDE, J.) OSD at (Judicial-I) Member Registrar (InspectionII) Member Head of the Panel Chaitanya