Bombay High Court
The New India Assurance Co.Ltd vs Smt. Kajal Praful Parmar And Ors on 12 November, 2022
Bench: Gauri Godse
89-ia-4269-2019-fast-31464-2019-ia-4271-2019.doc
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BEFORE THE NATIONAL LOK ADALAT
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO. 31464 OF 2019
The New India Assurance Co.Ltd. .....Appellant
RO-II Motor Third Party Hub, Jeevan Seva
2nd Floor, Swami Vivekanand Road
Santacruz, Mumbai-400 054
Through Centralized Motor TP Claims Hub
41-B, 4th Floor Maker Tower E
Near World Trade Centre, Cuffe Parade
Mumbai-400 005
vs.
1. Smt Kajal Praful Parmar .....Respondents
Age 39 years, Widow of the deceased
2. Mast Parth Praful Parmar
Age 14 years, Son of the deceased
3. Mast Tanmay Praful Parmar
Age 11 years, Son of the deceased
4. Mr Manubhai Premji Parmar
(deleted beforethe Tribunal)
5. Mrs Champaben Manubhai Parmar
Age 67 years, Mother of deceased
All residing at
Digitally signed
A-302, Kanakiya Park 1-A,
RAJESHWARI by RAJESHWARI
RAMESH PILLAI
Thakur Complex, Kandivali (E)
RAMESH
PILLAI
Date:
2022.11.16 Mumbai-400 101
13:10:39 +0530
1/4
89-ia-4269-2019-fast-31464-2019-ia-4271-2019.doc
6. Smt Parvatidevi Amolak Suthar
Wife of deceased owner Amolak Suthar
Residing at Bldg No. 1006, Heena Gaurav
Jewels, Film City Road, Gokuldham Market
Goregaon (E), Mumbai-400 063
Mr. Devendranath Shrikant Joshi, Advocate for the Appellant.
Mr. Khanjan Hitendra Joshi for Respondent Nos. 1 to 5..
Ms. Kajal P Parmar-Respondent No.1 , Mr Tanmay P Parmar-Respondent No.3 and
Mrs Champaben M. Parmar-Respondent No.5- present.
Ms Lata Iyer, Authorised representative of the Appellant present.
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 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 No. 1 for herself and as guardian of Respondent nos. 2 and 3,
Respondent No.5, authorised representative of the Appellant -Insurance Company
as well as their respective Advocates. Respondent No. 1, 3(Minor), 5 and authorised
89-ia-4269-2019-fast-31464-2019-ia-4271-2019.doc
representative of the Insurance company are present in court. Advocate's certificate
is annexed to the consent terms.
2. Respondent Nos. 1 and 5 are permitted to withdraw the amount from MACT,
Mumbai as per Clause 5 of the consent terms.
3. Appellant Insurance Company is also at liberty to withdraw the amount as per
Clause 5 of the consent terms.
4. In view of the consent terms that are filed in the First Appeal delay
condonation Interim Application No. 4269 of 2019 for condonation of delay of the
First Appeal stands allowed.
5. MACT, Mumbai shall pass necessary direction for investment of the amount
of Respondent Nos. 2 and 3 as stated in Clause 6A of the consent terms.
6. Respondent Nos. 2 and 3 who are minors will be entitled to withdraw the
respective amounts on attaining majority as stated in the consent terms as per clause
6A of the consent terms.
7. Statutory amount deposited in this Court be transferred to the concerned
MACT, Mumbai with accrued interest.
8. The Consent Terms are filed in First Appeal (St) 31464 of 2019. Hence First
Appeal is disposed of in terms of consent terms.
89-ia-4269-2019-fast-31464-2019-ia-4271-2019.doc
9. By consent impugned judgment and award stands modified in terms of the
consent terms. Decree to be drawn up accordingly.
10. In view of the consent terms all pending Applications stand disposed of as
infructuous.
11. Appellant is entitled to refund of the Court fees as per applicable rules.
12. Decree to be drawn accordingly.
13. 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
