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Bombay High Court
Bajaj Allianz General Insurance Co. ... vs Usha Gangadhar Sake And Ors on 13 December, 2025
2025:BHC-AUG:35571
28-FAST-41212-2017.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)
....
28 FIRST APPEAL STAMP NO. 41212 OF 2017
WITH CIVIL APPLICATION NO. 160 OF 2018 AND
WITH CIVIL APPLICATION NO. 161 OF 2018
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS
BRANCH MANAGER, AURANGABAD
VERSUS
USHA GANGADHAR SAKE AND ORS
....
Mr. Mohit R. Deshmukh, Advocate for the Applicant / Appellant
Insurance Company
Mr. Pawan K. Lakhotiya, Advocate for Respondent Nos. 1 to 5
....
HON'BLE SHRI JUSTICE Y. G. KHOBRAGADE
(Head of the Panel)
Shri Kishor R. Chaudhari
(Retired District Judge)
Shri Avinash R. Borulkar, (Advocate),
(Member)
AWARD
1. The dispute between the parties having been referred
for determination to the Lok Adalat.
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2. The appellant Insurance Company, though its counsel Mr.
Mohit R. Deshmukh, who is authorized to sign the terms of
compromise on behalf of the appellant Insurance Company under the
authority letter dated 10.12.2025, issued by Mr. Irfan Shaikh,
Authorized Signatory.
3. Respondent Nos. 1 to 5 are personally present.
4. The appellant and respondent Nos. 1 to 5, have jointly
filed compromise pursis, which is taken on record and marked "X" for
identification.
5. By the present appeal, the appellant - Insurance Company
takes exception to the judgment and award dated 28.07.2017, passed
by the learned Member, Motor Accident Claims Tribunal, Beed, in
M.A.C.P. No. 266 of 2011, whereby the respondents / claimants are
held entitled to receive compensation of Rs. 14,55,000/- inclusive of
no fault liability with interest at the rate 8% p.a. from the date of
institution of the petition i.e. 19.11.2011 till its realization. It is
further directed the appellant Insurance Company to pay the claim
amount and to recover the same from the owner i.e. original present
respondent No.6 / original respondent No.1. The appellant /
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Insurance Company, deposited the entire amount of compensation
along with interest in this Court.
6. Today, the appellants and the claimants have filed joint
pursis Exhibit-"X" and agreed that the claimants would waive
Rs.1,00,000/- without any interest and said amount would be
refunded to the appellant / Insurance Company out of the amount of
compensation deposited in this Court and remaining amount would
be withdrawn by the claimants with accrued interest in
apportionment.
7. The respondents / claimants are agreed that the entire
amount of compensation be deposited in the account of claimant
No.4 Vithal Kondiba Sake, who has maintained the account with State
Bank of India, Georai Branch, District Beed. Therefore, rest of the
amount be transferred in the account of respondent / claimant No.4
Vithal Kondiba Sake along with accrued interest till date.
8. Accordingly, the Appeal is disposed of. All pending civil
applications are also disposed of.
9. Award be drawn accordingly.
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10. The parties are informed that the Court fees, if any, paid
by any of them shall be refunded.
A. R. Borulkar Kishor R. Chaudhari Y. G. Khobragade, J.
Member Retired District Judge Head of the Panel
Date:- 13.12.2025
Place: Aurangabad
SMS
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