[Cites 1, Cited by 0]
Bombay High Court
National Insurance Co. Ltd. vs Deepali Manoj @ Vikas Shirsath And ... on 13 December, 2025
2025:BHC-AUG:35552
(1)
4- FA 1226-2016.odt
BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
BOMBAY
BENCH AT AURANGABAD
Organized by High Court Legal Services Sub-Committee,
Aurangabad under section 19, of the Legal Services Authorities Act,
1987 (Central Act)
Appellant : National Insurance Co. Ltd
Respondents : Smt. Deepali Manoj @ Vikas Shirsath and others
No. of proceedings First Appeal No. 1226 of 2016
Present :-
Name of Hon'ble High Court Judge: SHRI Y.G. KHOBRAGADE
Retired Judicial Officer: Shri. Kishor R. Chaudhari
Name of Member : Shri. A.R. Borulkar
AWARD
The dispute between the parties having been referred for
determination to the Lok Adalat.
1. The learned counsel for the appellant Mr. A.B. Gatne
along with representative of appellant-National Insurance Co. Ltd Mr.
Indris Khan, Assistant Manager are present. Learned counsel for the
respondents and respondents are present.
2. With the assistance of the learned counsels, we have
4- FA 1226-2016.odt
ascertained identification of the representative of appellant and
respondents.
3. The learned counsel appearing for the respondents has
filed pursis stating that respondent No.2/ claimant Smt. Shila Sharad
Shirsath died on 08.03.2025 living behind her legal heirs Shashikant
Sharad Shirsath and Reena Yogesh Shegokar.
4. The learned counsel appearing for the appellant/
Insurance Company seeks leave to bring the legal heirs of deceased
respondent No.2 during the Court hours. The appellant/ Insurance
Company permitted to carry out the necessary amendment in cause
title of the appeal during the course of the day.
5. The appellant/Insurance Company and the respondent/
original claimants, jointly filed compromise pursis. It is taken on
record and marked Exhibit 'X' for identification.
6. The appellant/ Insurance Company filed present appeal
challenging the judgment and award dated 27.08.2014 passed by the
learned Member, Motor Accident Claims Tribunal, Shrirampur, District
Ahilyanagar in Motor Accident Claim Petition No. 171 of 2011
whereby respondents/ appellants are granted compensation of Rs.
18,37,200/- (Eighteen Lakhs Thirty Seven Thousand Two Hundred)
4- FA 1226-2016.odt
(inclusive No Fault Liability amount) with interest at the rate of 9%
per annum from the date of petition till its realization.
7. The appellant/ Insurance Company has deposited entire
compensation amount before this Court along with interest and costs.
Out of which, the respondents/claimants have withdrawn the amount
of Rs. 10,00,000/-(Rupees Ten Lakh only) along with accrued interest
thereon and remaining amount is lying with this Court.
8. As per the compromise pursis Exhibit 'X', the
respondents/claimants are agreed to waive/return amount of Rs.
4,00,000/- ( Rupees Four Lakh only) to the appellant, which can be
deducted from the amount of compensation lying before this Court
and rest of the amount would be paid to the respondents/claimants
along with interest as per the apportionment under award dated
27.08.2014. Accordingly, award passed by the learned Tribunal be
modified.
9. In view of the above, the present First Appeal stands disposed of
in terms of pursis Exh'X'. Civil Applications pending if any, also stand
disposed of.
10. Award be drawn accordingly.
4- FA 1226-2016.odt
11. The parties are informed that the Court fee, if any, paid by any
of them, shall be refunded.
(A. R. BORULKAR) (KISHOR R. CHOUDHARI)(Y.G. KHOBRAGADE)
MEMBER RETIRED DISTRICT JUDGE HEAD OF THE PANEL
Date: 13.12.2025
(Seal of the Authority/Committee)
Ysk/
