Disposed

Reliance Generla Insurance Co. Ltd. v. Smt. Pooja Pramod @ Pramodkumar Dhuri and Ors.

Bombay HC23 Dec 2021CAF/2756/2016

Case brief

AI extract

What is this about?

In a first appeal challenging an MACT judgment, the appellant insured company settled the dispute with original claimants. The court recorded signed consent terms including a statutory deposit and fee refund, and disposed of the appeal and pending interim applications as infructuous.

What did the court decide?

First Appeal disposed; pending Interim Applications disposed of as infructuous.

Reliance Generla Insurance Co. Ltd. Vs Smt… — Civil Procedure and Limitation | Bombay HC (2021)

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2-FAST16910-2016+-MODIFIED.DOC

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST. NO. 16910 OF 2016

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WITH

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CIVIL APPLICATION NO. 2756 OF 2016

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AND

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CIVIL APPLICATION NO. 2754 OF 2016

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Reliance General Insurance Co. Ltd. ...Appellant Versus

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Pooja Pramod Alias Pramodkumar Dhuri & ...Respondents Ors

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Ms. Poonam Mital, for the Appellant.

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Ms. Varsha Chavan, for the Respondents.

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CORAM: Smt. Bharati Dangre, J. DATED: 23rd December 2021

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P.C.:-

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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).

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Page 1 of 3

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2-FAST16910-2016+-MODIFIED.DOC

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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.

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The consent terms are taken on record and marked ‘X’ for identification.

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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.

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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.

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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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Page 2 of 3

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2-FAST16910-2016+-MODIFIED.DOC

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marked ‘X1’ for identification.

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In the wake of the consent terms, taken on record and marked ‘X’, the First Appeal stand disposed of.

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All pending Interim Applications are disposed of as infructuous.

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Digitally signed by ATULGANESHKULKARNI ATUL GANESHKULKARNIDate:2022.03.11 14:59:26 +0530

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(Smt. Bharati Dangre, J.)

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Note: This order is modified as per order dated 7th March 2022. Corrections in paragraph 2 are shown in underlings.

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Page 3 of 3

Reliance Generla Insurance Co. Ltd. v. Smt. Pooja Pramod @ Pramodkumar Dhuri and Ors.

Case brief

What is this about?

What did the court decide?

Reliance Generla Insurance Co. Ltd. v. Smt. Pooja Pramod @ Pramodkumar Dhuri and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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