Order below Exhibit 1 in M.A.C.P. No. 50 / 2021
CNR:MHTH010003542021
Mr. Arjun Ashok Pednekar And other ..Applicant
V/s.
1. Mr. Devishankar Rajkishor Mishra
2. ICICI Lombard Gen Insurance Co. Ltd. ..Opponents
The applicants and their advocate present before
the court. The learned advocate for opponent no. 2 Shri.
Himanshu Thanawala is present alongwith authority letter
issued by the insurance company. Read the authority letter
issued by the insurance company. The contents of the
compromise pursis are read over and explained to both the
parties. The parties admitted the contents of the consent
pursis.
As per compromise pursis (Exh.19), the claim
petition is settled between the parties for a sum of
Rs.9,54,000/ [rupees nine lakh fifty four thousand only]
including the amount of N.F.L. It is seen that the parties have
settled the matter amicably to safeguard the interest of minor
applicant no.2.
In view of compromise pursis (Exh.19), I am
inclined to pass following order
ORDER
1] Petition is allowed in terms of compromise.
2] Opponent no.2 do pay compensation of Rs.9,54,000/
[rupees nine lakh fifty four thousand only] including the
amount of N.F.L. to the applicant within two months, failing
which the amount shall carry interest @ 8% p.a. from the date
of this order.
3] In view of settlement between the applicants and
opponent no.2, opponent no.1 is absolved from the liability to
pay the compensation.
4] On realization, an amount Rs.5,54,000/ [rupees five
lakh fifty four thousand only] be paid to applicant no.1 by an
account payee cheque, on due identification and verification.
5] An amount of Rs.4,00,000/ [rupees four lakh only] be
invested in fixed deposit in the name of applicant no.2 in any
nationalized bank till attaining majority.
6] Deficit court fee, if any be recovered from the
applicants as per rules.
7] Award be drawn up accordingly.
Date : 06.04.2021 ( R. N. Rokade )
Member, M.A.C.T., Thane.
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