First Appeal No.1606 of 2012 disposed on receipt of consent terms settling the dispute and directing transfer of statutory deposit to the Motor Accident Claims Tribunal.
Consent terms taken on record; statutory deposit to be transferred to MACT Pune; First Appeal disposed.
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.
1 38 fa 1606-12-c.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1606 OF 2012
The New India Assurance Company Limited … Appellant
Vs.
Rama Hiraman Gaikwad and ors.… Respondents
Mr.S.M.Dange, Advocate for the Appellant.
Ms.Kiran Yadav i/by Mr.A.M.Gokhale, Advocates for the Respondents
No.1 to 3.
CORAM :ABHAY AHUJA, J.
DATE :17 AUGUST, 2023.
P.C.:
1. When the matter is called out, both the learned counsel tender
across the Bar Consent Terms dated 17th August, 2023 duly signed by the
constituted attorney of the Appellant/ Insurance Company as well as the
Claimants/ Respondents (which signatories are present in court) as well
as the learned Counsel submitting that the dispute has been settled.
2. Mr.Dange, learned counsel for the Appellant would submit that out
of the amount that has been deposited in Motor Accident Claims Tribunal,
Pune, the Appellant/Insurance Company would withdraw only
1 of 2
Priya R. Soparkar
2 38 fa 1606-12-c.doc
Rs.25,000/- and the balance amount would be withdrawn by the
Respondents No.1 to 3 as mentioned in the Consent Terms.
3. The Consent Terms are taken on record and marked “X” for the purposes of identification. The undertakings in the Consent Terms are accepted as undertakings to the court.
4. The statutory deposit lying in the High Court is directed to be transferred alongwith interest to Motor Accident Claims Tribunal, Pune.
5. The First Appeal stands disposed in the above terms. Refund of court fees as per rules.
(ABHAY AHUJA, J.)
2 of 2
Priya R. Soparkar
The New India Assurance Company Limited
Rama Hiraman Gaikwad and ors.
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court