Brihan Mumbai Mahanagar Palika ... vs Smt. Kirti Kamlakar Sawant (Wife ...
2022 Latest Caselaw 11507 Bom

                                                                             73-fa-1033-2018.doc

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BEFORE THE NATIONAL LOK ADALAT
                                     CIVIL APPELLATE JURISDICTION
                                       FIRST APPEAL NO.1033 OF 2018


           Brihan Mumbai Mahanagar                             .....Appellant
           Palika Through the General Manager,
           Bombay, Electric Supply and
           Transport Undertaking, Electric House
           Colaba, Mumbai-400 005
           (Owner of BEST bus No. MH-01-AO-0478)
                  vs.
           1.     Smt Kirti Kamlakar Sawant                    .....Respondents
                  (Wife of Deceased)
                  Aged : 40 years

           2.     Kum Sanket Kamlakar Sawant
                  Son of the deceased
                  Aged : 21 years

           3.     Kum Sakshi Kamlakar Sawant
                  Daughter of the deceased
                  Aged : 11 years
                  All residing at A/108 Ganesh Darshan
                  1st Floor, Anant Surve Marg
                  Umarkhadi, Mumbai-400 009

           Mr. Hemal Dedhia i/b. M/s. Navdeep Vora & Associates, Advocate for the
           Appellant.
           Ms. Varsha Chavan, Advocate for Respondent Nos. 1 to 3.
           Smt Kirti K Sawant - Respondent No. 1 - present
           Kum Sakshi K Sawant - Respondent No. 3 - present.




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                                                                       73-fa-1033-2018.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 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 Nos. 1 for himself and as constituted attorney of

Respondent No. 2, Respondent no. 3 and authorised signatory of the Appellant and

Advocates for the respective parties. Parties are present in court. They are

identified by their respective Advocates.

2. Parties are allowed to withdraw the amount with interest from MACT,

Mumbai as stated in Clause 3, 4 and 6 of the consent terms.

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

MACT, Mumbai along with accrued interest.

73-fa-1033-2018.doc

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

5. By consent the impugned judgment and award stand modified in terms of the

consent terms. Decree to be draw up accordingly.

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

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

infructuous.

8. 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