Reliance General Insurance Company Ltd. Mumbai v. Ajay Singh Kamlesh Yadav And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1821 OF 2025 Reliance General Insurance Co. Limited ..Appellant

Versus

Ajay Singh Kamlesh Yadav and Ors.

..Respondents Mr. Sayanthan Mitra, holding for Ms. Kalpana Tripathi, for the Appellant.

Rohit Prasad and Aditya Sharma, Legal Manager of Appellant Mr. Jainam V. Gadiya for the Respondent No.1 CORAM :

RAJESH S. PATIL, J.

(HEAD OF THE PANEL) S. R. AGRAWAL REGISTRAR (JUDICIAL - II) P. R. NAVALE OSD AT JUDICIAL - I DATE : 13.12.2025 P. C.

1.

Mentioned. Not on board. Taken on board.

2.

This matter has been moved by way of a pracipie, seeking clarification of the directions given by earlier Lok Adalat on 10th May, 2025.

3.

On 10th May, 2025, the following order was passed in the present proceeding which reads as under :-

"1) Ms. Trivedi, learned Advocate of the Appellant, Mr. Rohit Sharma, Authorized Representative of the Appellant - Insurance Company, Mr. Vanjari, learned Advocate for the Respondents and Respondent No.1 (through VC) are present and tendered Consent Terms. They stated that the dispute between the parties is settled as per the Consent Terms and the present Appeal may be disposed of as per the Consent Terms.

2) The Consent Terms are duly signed by the parties and their respective Advocates. The Consent Terms are read and recorded to the parties including Respondent No.1 who is present through VC. Mr. Vanjari, learned Advocate identified the Respondent No.1 on VC. Hence, the Consent Terms are taken on record and marked as 'X'. 3) The Appeal is disposed of as compromised in terms of the Consent Terms.

4) Pending Applications are disposed of in view of the disposal of the Appeal.

5) Statutory deposit, if any, be transferred to the Tribunal.

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

7) The Consent Terms shall form part and parcel of this Order."

4.

A copy of the Consent Terms between the Appellant and the Respondent No.1 is also attached to the pracipie. The said Consent Terms are also reproduced herein below :-

"

5.

Mr. Jainam Gadiya, Advocate appearing for the Respondent No. 1, Mr. Rohit Prasad and Mr. Aditya Sharma, Managers (Legal) of the Reliance General Insurance Co. Ltd., are identified by Ms. Mitra, jointly submit that as per the said Consent Terms, out of the total deposit amount of Rs. 28,85,510/-, the Original Claimants were entitled to withdraw only an amount of Rs. 25,00,000/- and as per the

Consent Terms, the balance was to be withdrawn by the Reliance Insurance Company. Both of them submit that the Authority, Commissioner of Employees Compensation - Bandra has sought clarification from the Lok Adalat to that effect, as there is no clarification according to him and as far as interest is concerned, whether it goes to the claimant or to the Appellant Reliance Insurance Company.

6.

After having gone through the Consent Terms, according to me, as per Para 1, claimants were supposed to receive a sum of Rs. 25,00,000/- and the balance amount of Rs. 3,85,510/- was to be received by the Reliance Insurance Company.

7.

As regard interest, if any, which is accrued on amount deposited, no doubt, there is a clarification of the said fact in the Consent Terms. However, I am hereby granting both the parties to make a joint Application before the concerned Commissioner, whereby clarification as regards to interest.

8.

However, as regards the amount to be received by the Claimant, a sum of Rs.25,00,000/- , there is no need to withhold the said amount and the said amount be immediately paid to the Claimants. [P. R. NAVALE] [S. R. AGRAWAL] [RAJESH S. PATIL, J.] OSD AT JUDICIAL - I REGISTRAR (JUDICIAL - II) HEAD OF THE PANEL MEMBER MEMBER