The Reliance General Insurance ... vs Marcel David Adhav And Ors
2022 Latest Caselaw 2374 Bom

P.H. Jayani                                         01 FAST1416.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   FIRST APPEAL (ST.) NO .1416 OF 2021
                                 WITH
               INTERIM APPLICATION (ST.) NO. 1418 OF 2021
                                   IN
                   FIRST APPEAL (ST.) NO. 1416 OF 2021

The Reliance General Insurance Co. Ltd.               .... Appellant
           v/s.
Marcel David Adhav and ors.                           .... Respondents


Mr. Shreenath Trivedi i/b. Ms. Kalpana R. Trivedi
for the Appellant.
Mr. Amol Gatne i/b. Ms. Swati U. Mehta for R.Nos.1 and 2.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 09th MARCH, 2022.

P. C. :-

. The Appellant - Insurance Company has filed this Appeal

challenging the impugned judgment dated 21/08/2020 passed by the

MACT, Pune in Motor Accident Claim Petition No.353/2017.

2. Mr. Shreenath Trivedi, learned counsel for the Appellant and Mr.

Amol Gatne, learned counsel for Respondent Nos.1 and 2 / Original

Claimants state that during the pendency of this Appeal, the parties

have arrived at settlement. They have placed on record the Consent

Terms, the relevant clauses of which read thus :-

P.H. Jayani 01 FAST1416.2021.doc

" 5. The Resp.No.1 & 2 agree, that, out of said amount of Rs.35,21,859/- the total deposited amount, Respondent No.1 & 2 will be entitled to withdraw the amount of Rs.33,21,859/- along with the accrued interest as amount is lying in FDR and the amount of Rs.2,00,000/- (Rs. two lakh only) is to be refunded to the insurance company i.e. Appellant.

6. It is further agreed that, Rs.25,000/- deposited by the Appellant U/Sec. 173 of M.V.Act, 1988 at the time of filing of Appeal, will be transferred to the MACT, Pune being a part of the Award and would be withdrawn by the Resp.No.1 & 2 Claimants. "

3. The Respondent Nos.1 and 2/original claimants and the

Authorized Officer of the Insurance Company are present in person.

They have identified their signature on the consent terms and

confirmed the contents of the same. The consent terms are acceptable

to the respective parties. Hence, the Consent Terms are taken on

record and marked as 'X' for identification.

4. The Appeal stands disposed of as per the Consent Terms. The

impugned judgment and Award is modified in above terms. Statutory

deposit of Rs.25,000/- be transferred to MACT, Pune as to enable the

Respondent Nos.1 and 2 to withdraw the same. Court fees as

permissible under the rules, be refunded. Civil/Interim Applications, if

P.H. Jayani 01 FAST1416.2021.doc

any, stand disposed of in view of the disposal of the Appeal.

PREETI                                             (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed
by PREETI
JAYANI
Date: 2022.03.11
19:27:04 +0530