The First Appeal regarding a motor accident claim claim was disposed of on consent settlement terms signed by the appellant insurance company and respondents.
First Appeal disposed of; interim applications disposed of as infructuous based on consent terms filed by parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2-FAST16910-2016+-MODIFIED.DOC
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST. NO. 16910 OF 2016
WITH
CIVIL APPLICATION NO. 2756 OF 2016 AND
CIVIL APPLICATION NO. 2754 OF 2016
Reliance General Insurance Co. Ltd....Appellant
Versus
Pooja Pramod Alias Pramodkumar Dhuri & ...Respondents
Ors
Ms. Poonam Mital, for the Appellant.
Ms. Varsha Chavan, for the Respondents.
CORAM: Smt. Bharati Dangre, J. DATED: 23rd December 2021
P.C.:-
1.In the Appeal filed by the Reliance General Insurance
Company Limited, thereby posing a challenge to the judgment
delivered by the Motor Accident Claims Tribunal in M.A.C.P.
No. 22 of 2011 on 11.01.2016, the Company has settled the
dispute with the original Claimants (Respondent Nos. 1 to 3).
Page 1 of 3
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Pursuant thereto consent terms drawn between the Appellant
and Respondent Nos. 1 to 3 are tendered before me. The
consent terms are signed on 11.12.2021 by the Appellant as
well as the Power of Attorney holder of Respondent No. 3.
Respondent Nos. 1 and 2 and the Power of Attorney holder on
behalf of Respondent No. 3 are present in Court. Their Aadhar
cards are annexed along with the consent terms.
The consent terms are taken on record and marked ‘X’
for identification.
2.The compromise agreed between the Insurance
Company and the Claimants is contained in clauses 2, 3, 4(a)
to 4(g) of the consent terms. It is also agreed that statutory
deposit of Rs. 25,000/- along with accrued interest be
transferred to the trial Court, Khed Ratnagiri. Court fees be
refunded to the Appellant as per the consent terms.
The terms set out are agreed to by the parties wilfully
and on understanding the recitals in the consent terms, they
have put their signatures.
Similarly, the learned Counsel Ms. Poonam Mital for the
Appellant has also received instructions from the Legal
Manager (Claims) of the Insurance Company to effect the
compromise, subject to which she has also put her signatures
on the consent terms. The document is taken on record and
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2-FAST16910-2016+-MODIFIED.DOC
marked ‘X1’ for identification.
3. In the wake of the consent terms, taken on record and marked ‘X’, the First Appeal stand disposed of.
4. All pending Interim Applications are disposed of as infructuous.
Digitally signed by ATULGANESHKULKARNI ATUL GANESHKULKARNIDate:2022.03.11 14:59:26 +0530
(Smt. Bharati Dangre, J.)
Note: This order is modified as per order dated 7th March 2022. Corrections
in paragraph 2 are shown in underlings.
Page 3 of 3
Reliance General Insurance Co. Ltd.
Pooja Pramod Alias Pramodkumar Dhuri
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court