Future Generali India Insurance Co. Ltd v. Shri. Mahendra Mahadeo Sheth And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR FIRST APPEAL NO.1040 OF 2024 WITH INTERIM APPLICATION NO.10129 OF 2024 SATISH RAMCHANDRA SANGAR Date: 2025.10.13 18:44:05 +0530 Future Generalia India Insurance Co. Ltd. ...Appellant/Applicant V/s.

Mahendra Mahadeo Sheth and Anr.

...Respondents

***** Mr.Rajesh Kanojia a/w Ms.Siddhi Sawant, Ms.Sayanthani Mitra i/b.

Res Juris:- Advocates for Appellant/ Applicant.

Mr.Deepak Shriram Kilaje:- Advocate for Respondent No.1.

*****

CORAM

:

S. M. MODAK, J.

DATE :

7th OCTOBER 2025 P. C. :- 1.

Heard learned Advocate for the Appellant Insurance Company and learned Advocate for the Respondent-Claimant. 2.

The MACT - Mumbai has awarded an amount of Rs.3,77,500/- (Rupees Three Lakh Seventy Seven Thousand Five Hundred) along with 7% interest from the date of Petition till realization. It is as per the Award dated 3rd November 2023. It is awarded arising out of an injury 1/3

claim. The said Award is challenged on behalf of the Appellant Insurance Company.

3.

Pending the Appeal, both the parties have settled the dispute and arrived at the 'consent terms'. It is tendered. Taken on record and marked Annexure-X. It is signed by the Respondent No.1 and the representative of the Appellant and by their respective counsels. Both of the parties have settled the matter and the Appellant Insurance Company has agreed to pay Rs.5,06,055/- (Rupees Five Lakh Six Thousand Fifty Five) towards full and final settlement of the compensation amount. Both the parties are present. They have admitted the contents.

4.

The Appellant claims that the amount is deposited before the Tribunal - Mumbai. In view of that, following order is passed:-

O R D E R

(i) The Respondent No.1 is at liberty to withdraw an amount of Rs.5,06,055/- (Rupees Five Lakh Six Thousand Fifty Five) from the MACT - Mumbai.

(ii) Let the Tribunal pass necessary order about withdrawal of the remaining amount in terms of clause Nos.(3) and (4) of the 'consent terms'.

(iii) Let the Tribunal do that exercise as per the 'consent terms' 2/3

No.3 and 4 and the statutory deposit be transferred to the Tribunal.

(iv) Refund of Court Fees as per the Rules.

5.

In view of the above, the Appeal stands disposed of. 6.

Pending Interim Applications, if any, are also disposed of. [S. M. MODAK, J.] 3/3