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Bombay High Court
The New India Assurance Co Ltd Through ... vs Shama Haidar Shaha And Ors on 13 December, 2025
2025:BHC-AUG:35557
(1)
FA 156-2025.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 : The New India Assurance Co. Ltd
Respondent : Shama Naaj W/o Haidar Shaha
and other.
No .of proceedings First Appeal No. 156 of 2025
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
...
Advocate for the Appellant : Mr. R.R. Imale
Advocate for Respondent Nos. 1 to 4 : Mr. P. c. Mayure
...
AWARD
The dispute between the parties having been referred for
determination to the Lok Adalat.
1. Not on board. With the consent of both the parties taken
on board.
2. The learned counsel for the appellant Mr. R.R. Imale,
along with representative of the appellant Mr. Dinesh s. Bankar,
Assistant Manager, The New India Assurance Co. Ltd and learned
counsel for Respondent Nos. 1 to 4 Mr. P. C. Mayure, along with
respondent Nos. 1 to 4 are present today.
FA 156-2025.odt
3. With the assistance of the learned counsels, we have
ascertained identification of the appellant and respondent Nos. 1 to 4.
They affirm the terms of the settlement.
4. The appellant/ Insurance Company and respondent Nos.
1 to 4 ( original claimants) have filed pursis for compromise of the
claim along with affidavit and letter of authorization. It is taken on
record and marked Exhibit 'X' for identification.
5. By the present appeal, the appellant/ Insurance Company
takes exception to the judgment and award dated 03.01.2024, passed
by the learned Member, Motor Accident Claims Tribunal, Aurangabad
in Motor Accident Claim Petition No. 353 of 2022, whereby the
appellant/ Insurance Company is under direction to pay compensation
of Rs. 32,14,000/- along with interest @ 6% per annum from the date
of petition till its entire realization, including No Fault Liability
amount.
6. Today, the appellant/ Insurance Company and respondent
Nos. 1 to 4/ (original claimants) have filed pursis Exhibit 'X' and
agreed to settle the dispute for an amount of Rs. 30,00,000/- ( Rupees
Thirty Lakh only). Respondent Nos. 1 to 4/ (original claimants) have
agreed for said settlement.
7. The appellant/Insurance Company has deposited entire
FA 156-2025.odt
compensation as per award dated 03.01.2024 along with interest
thereon I.e. Rs. 36,48,960/ and the said amount is lying before this
Court. Therefore, the amount of Rs. 30,00,000/- ( Rupees Thirty
Lakhs only) be paid to respondent Nos. 1 to 4, including the amount,
which have been withdrawn earlier, and remaining amount be
refunded to the appellant/Insurance Company with interest accrued, if
any, thereon. Accordingly, award be drawn up and the said amount be
paid to the claimants/respondents as per apportionment granted
under award dated 03.01.2024. Therefore, the present First Appeal
stands disposed of in terms of the settlement Exhibit 'X'.
8. Civil Applications, pending if any, also stand disposed of.
9. Court fees shall be refunded to the appellant as per rules.
10. Award be drawn up accordingly.
(A. R. BORULKAR) (K. R. CHOUDHARI) (Y.G. KHOBRAGADE)
MEMBER RETIRED DISTRICT JUDGE HEAD OF THE PANEL
Date: 13.12.2025
(Seal of the Authority/Committee)
Ysk/
