Iffco Tokio General Insurance Co. ... vs Shri. Kasam Yusuf Dalwai And Ors
2023 Latest Caselaw 847 Bom

                                                                            36-fa755-2017.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                     FIRST APPEAL NO.755 OF 2017
                                                 WITH
                                  CIVIL APPLICATION NO.2332 OF 2017
         Digitally
         signed by
         ATUL
ATUL     GANESH



                      Iffco Tokio General Insurance Co. Ltd.       ... Appellant
GANESH   KULKARNI
KULKARNI Date:
         2023.01.25
         10:27:17
         +0530



                                  V/s.
                      Kasam Yusuf Dalwai & Ors.                    ... Respondents

                                                WITH
                                 INTERIM APPLICATION NO.311 OF 2022
                                                 IN
                                     FIRST APPEAL NO.755 OF 2017

                      Khurshid Iqbal Shaikh                        ... Appellant
                                  V/s.
                      Iffco Tokio General Insurance Co. Ltd.       ... Respondents


                      Ms. Varsha Chavan for the appellant.
                      Ms. Sangeeta S. Salvi for respondent no.1.
                      Mr. Ramiz Shaikh for respondent no.3.



                                                 CORAM : AMIT BORKAR, J.

                                                 DATED       : JANUARY 24, 2023
                      P.C.:

1. The appeal is against judgment and award passed by the Motor Accident Claims Tribunal, Thane. By the impugned judgment, the insurance company and owners were directed to jointly and severally pay Rs.21,86,333/- including no fault liability along with interest at the rate of 8% per annum from the date of

36-fa755-2017.doc

the petition till its realization. The insurance company has, therefore, filed present first appeal.

2. During the pendency of the first appeal, parties have settled their disputes. Parties have filed consent terms signed by the claimant and opponents. These are signed by the parties, who are personally present before this Court, and their respective Advocates. The consent terms are taken on record and marked 'X' for identification.

3. The appeal is disposed of in terms of the consent terms.

4. The award stands modified in terms of the consent terms, and in particular paragraph 9 of the award.

5. The parties are allowed to withdraw the amount deposited as per the consent terms.

6. In view disposal of the appeal, the interlocutory applications do not survive and are disposed of accordingly.

7. Record and proceedings be sent back to the Motor Accident Claims Tribunal, Thane.

(AMIT BORKAR, J.)