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Bombay High Court
Sabiya Afsar Shah And Anr vs Dr. Raju Vithalrao Jahav And Anr on 13 December, 2025
2025:BHC-AUG:35549
(1)
FA-42-25.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)
Appellants : SABIYA AFSAR SHAH AND ANOTHER
Respondent : Dr. Raju Vithalrao Jahav and others
No. of proceedings : FIRST APPEAL NO. 42 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
AWARD
The dispute between the parties having been referred for
determination to the Lok Adalat.
1. The learned counsel for the appellant Mr. Syed Moisali Amjedali
and appellants are present. The learned counsel Mr. Mohit R.
Deshmukh for Respondent No.2 Bajaj Allianz General Insurance Co.
Ltd along with authorized representative Mrs. Madhuri Mohan
Gabhud are present today.
2. With the assistance of the learned counsels, we have
ascertained identification of the appellants and representative of
respondent No.2. They affirm the terms of the settlement.
FA-42-25.odt
3. The appellant and respondent No.2 have field joint pursis/
Deed of Compromise in respect of settlement of dispute. The said
pursis is taken on record and marked exhibit 'X' for identification.
4. By the present appeal, the appellants/ original claimants
prayed for enhancement of compensation. On 29.08.2024, the
learned Chairman, Motor Accident Claims Tribunal, Aurangabad
passed the judgment and award in Motor Accident Claim Petition No.
403 of 2022 and granted compensation of Rs. 25,87,000/- (Twenty
Five Lakhs Eighty Seven Thousand) inclusive of No Fault Liability
amount with interest @ rate of 6% per annum from the date of
petition till its entire realization.
5. Respondent No.2/Insurance Company already deposited
said amount and claimants have already withdrawn the same.
6. During the pendency of present appeal, the appellants
and respondent No.2 agreed to settle the dispute. As per the
compromise - pursis Exhibit '.X' Respondent No.2/ Insurance Company
agreed to pay additional amount of Rs. 5,00,000/- (Rupees Five Lakh
only) towards full and final settlement, inclusive the interest amount
and the appellants/claimants have agreed to receive the same.
7. Respondent No.2 agreed to deposit additional amount of
compensation OF Rs. 5,00,000/- (Rupees Five Lakhs) within a period
FA-42-25.odt
of eight weeks from today before the learned Member, Motor Accident
Claims Tribunal, Aurangabad. The apportionment, if any, may be
made, as per the award passed by the learned Tribunal. On depositing
the amount, the appellants are permitted to withdraw the same.
8. The Court fee refund certificate be issued as per the provisions
under the Maharashtra Court Fees Act.
9. The first appeal stands disposed of in terms of the settlement
Exhibit-X and pending Civil Applications, if any, also stand disposed of.
10. Award be drawn up in terms of compromise Exhibit 'X'.
(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/
