The New India Assurance Co. Ltd vs Shri. Vinit Bipinbhai Pujara And ...
2022 Latest Caselaw 11506 Bom

                                                                                                      71-fa-897-2018.doc

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                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BEFORE THE NATIONAL LOK ADALAT
                                                         CIVIL APPELLATE JURISDICTION
                                                           FIRST APPEAL NO. 897 OF 2018


                                   The New India Assurance Co.Ltd.                       .....Appellant
                                   New India Centre, 1st floor
                                   17-A Cooperage Road
                                   Mumbai 400 039
                                         vs.
                                   1.    Shri Vinit Bipinbhai Pujara                     .....Respondents
                                         Aged about 22 years
                                         Residing at : 113, New Chinch Bunder Road
                                         Sir Sati Sadan, 4th floor, Room No. 68/69
                                         Masjid Bunder, Mumbai 400 009
                                   2.    Vikramjeet Singh
                                         Maratch, Shree Gurusingh Sabha
                                         Room No. 82/83, 1st floor
                                         Mumbai 400 012


                                   Mr. D. R. Mahadik, Advocate for the Appellant.
                                   Mr. Avadhut P. Bidaye, Advocate for the Respondent No.1.

                                                                       CORAM         :   Gauri Godse, J.

                Digitally signed                                                         Head of the Panel
RAJESHWARI by RAJESHWARI
           RAMESH PILLAI
RAMESH
PILLAI
           Date:
           2022.11.16
                                                                                     :   H.M.Bhosale,
                13:10:36 +0530
                                                                                         Registrar, Judicial II



                                                                        71-fa-897-2018.doc


                                                   :    P.A.Patki,
                                                        Deputy Registrar,
                                                        A Civil Br. PIO
                                     DATE          :    12th November 2022
P.C.

1. Mr Avadhut P. Bidaye appearing for Respondent no. 1 states that the

Advocate earlier appearing for Respondent no. 1 has expired and hence he may be

permitted to file vakalatnama. Mr Avadhut P Bidaye is permitted to file vakalatnama.

2. Learned counsel appearing for the parties have tendered signed consent

terms. Consent terms are 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 and the authorised signatory of the

Appellant as well as Advocates for the respective parties. Parties are present in

court. Parties present are identified by their respective Advocates.

3. Clause 3 of the consent terms state that the amount is paid on behalf of the

Appellant as well as on behalf of Respondent No. 2(owner of the offending vehicle).

4. Respondent No. 1/Claimant as well as the Appellant are permitted to

withdraw the amount as stated in paragraph 6 of the consent terms.

71-fa-897-2018.doc

5. Statutory deposit amount, if any, lying in this court to be transferred to

MACT, Mumbai along 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 stand modified in terms of the

consent terms. Decree to be draw 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. 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