The New India Assurance Co. Ltd vs Shri Karan Vasant Dedhia
2022 Latest Caselaw 11513 Bom

                                                                                  36-caf-3615-2015-fast-17635-2015.doc


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                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BEFORE THE NATIONAL LOK ADALAT
                                                       CIVIL APPELLATE JURISDICTION
                                                     FIRST APPEAL (ST) NO. 17635 OF 2015


                                   The New India Assurance Co. Ltd.                   .....Appellant
                                   New India Centre, 1st floor
                                   17-A Cooperage Road
                                   Mumbai 400 039
                                         vs.
                                   1.    Shri Karan Vasant Dedhia                     .....Respondents
                                         Aged about 22 years
                                         Residing at : 14 Vincent View
                                         3rd floor, Dr Ambedkar Marg
                                         Dadar, Mumbai 400 014
                                   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.
                                   Mr Karan V. Dedhia, Respondent No. 1 present.

RAJESHWARI by
                Digitally signed
              RAJESHWARI                                                 CORAM    :    Gauri Godse, J.

RAMESH PILLAI RAMESH PILLAI Date:

2022.11.16 Head of the Panel 13:10:38 +0530

36-caf-3615-2015-fast-17635-2015.doc

: H.M.Bhosale, Registrar, Judicial II : 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. In view of the consent terms Civil Application No. 3615 of 2015 pending for

condonation of delay in filing the First Appeal stands allowed, by consent.

36-caf-3615-2015-fast-17635-2015.doc

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

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

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

MACT, Mumbai along with accrued interest.

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

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

consent terms. Decree to be draw up accordingly.

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

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

infructuous.

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