Order below Exhibit 1 in M.A.C.P. No. 60/2021
[CNR : MHTH010004202021]
Smt. Suman Raju Bhanusghare and ors. ..Applicant.
V/s.
1. Balu Sadashiv Sonawane
2. ICICI Lombard General Insurance Co. Ltd. ..Opponents
Applicant no.1 present with her advocate Shri.
Krishnan Iyer before the court. The learned advocate for opponent
no. 2 Shri. K. V. Poojari is present alongwith authority letter
(Exh.21) 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.22), the claim petition is
settled between the parties for a sum of Rs. 18,50,000/- [Rupees
Eighteen Lakhs Fifty 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 applicants no.2 to 4.
In view of compromise pursis (Exh.22), 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. 18,50,000/-
[Rupees Eighteen Lakhs Fifty 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 applicant and opponent
no.2, opponent no.1 is absolved from the liability to pay the
compensation.
4] On realization, an amount of Rs.3,00,000/- [rupees three lakh
only] be invested in fixed deposit in the name of applicant no.1 in
any nationalized bank for 7 years.
5] An amount of Rs.3,00,000/- [rupees three lakhs only] each be
invested in fixed deposit in the name of applicant no.2 to 4
respectively in any nationalized bank till attaining majority.
6] Remaining amount paid to the applicant no.1 by an account
payee cheque, on due identification and verification.
7] Deficit court fees, if any, be recovered from the applicant as
per rules.
8] Award be drawn up accordingly.
Date : 06.05.2021 ( R. N. Rokade )
Member, M.A.C.T., Thane.
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