The New India Assurance Co. Ltd vs Santosh Devappa Bhandare And Anr
2022 Latest Caselaw 11502 Bom

                                                                                   907-FA-1256-2022-IA-19640+.doc

     rrpillai
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BEFORE THE NATIONAL LOK ADALAT
                                                         FIRST APPEAL NO. 1256 OF 2022


                                   The New India Assurance Co.Ltd.                             .....Appellant
                                   The New India Assurance Building
                                   87, M.G.Road, Fort, Mumbai-400 001
                                              vs.
                                   1.    Santosh Devappa Bhandare                              .....Respondents
                                         Age- 36 years
                                         Residing at Nency Munsi Chawl
                                         Chandiwali, Sakivihar Road
                                         Powai, Mumbai-400 072


                                   2.    SMS Taxi Cabs Pvt Ltd
                                         Having Office at 151-15th Floor
                                         B Wing, Mittal Compound
                                         Nariman Point, Mumbai 400 021


                                   Mr. D.R. Mahadik, Advocate for the Appellant.
                                   Ms Pratima Naik, Advocate for Respondent No. 1.
                                   Ms. Lata Iyer, Chief Manager - New India Assurance Co. Ltd.
                Digitally signed
RAJESHWARI by RAJESHWARI
           RAMESH PILLAI
                                   Mr Santosh Devappa Bhandare - Respondent No. 1 - present.
RAMESH     Date:
PILLAI     2022.11.16
                13:10:38 +0530




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                                                 907-FA-1256-2022-IA-19640+.doc


                                    CORAM        :    Gauri Godse, J.

Head of the Panel : H.M.Bhosale, Registrar, Judicial II : P.A.Patki, Deputy Registrar, A Civil Br. & PIO DATE : 12th November 2022 P.C.

1. Learned counsel appearing for the parties have tendered Consent Terms.

Consent Terms is taken on record and marked 'X' for identification with today's

date. We have perused the consent terms. Consent Terms are proper. Consent

Terms are signed by Respondent No. 1, authorised representative of the Insurance

Company and by their respective Advocates. Authorised representative of Appellant

as well as Respondent No.1 are present in court. Parties present are identified by

their respective Advocates.

2. Clause 3 of the consent terms states that the payment is agreed to be made by

the Appellant on behalf of the Appellant as well as Respondent No.2.

3. Clause 7 of the consent terms states that the Appellant shall deposit the

entire amount as agreed in Clause 1, in the MACT-Mumbai within a period of four

weeks from today. The undertaking made in Clause 7 is accepted.

907-FA-1256-2022-IA-19640+.doc

4. As per clause 2, Respondent No.1 - Original Claimant is permitted to

withdraw the amount that will be deposited by the Appellant as agreed in the

consent terms.

5. Statutory amount lying in this court to be transferred to MACT, Mumbai

with accrued interest.

6. First Appeal is disposed in terms of the consent terms. No order as to costs.

7. By consent the impugned judgment and award stands modified in terms of

the consent terms. Decree to be drawn up accordingly.

8. Refund of court fees permitted, as per law.

9. In view of the consent terms all pending Applications stand disposed of as

infructuous.

10. First Appeal to be listed before the next Lok Adalat for reporting compliance

of deposit of amount and withdrawal of amount.

11. All parties and the concerned Tribunal to act on the authenticated copy of

this Order.

         P.A.Patki                 H.M.Bhosale                 Gauri Godse, J.
         Member                      Member                   Head of the Panel