Bombay High Court
SMT REKHA CHANDRAKANT SAMLE AND OTEHRSversusMagma HDI General Insurance Co LTD Through its B M branch
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The panel held that the settlement is valid and ordered the appeal to be disposed in terms of the settlement.
Summary
Magma HDI General Insurance Co. Ltd. appealed a stamp matter before the National Lok Adalat of the Bombay High Court, Aurangabad Bench, seeking resolution of a claim by Rekha Chandrakant Samale and her family. The panel, after verifying the identities of the claimants—including three minors—and reviewing the compromise terms and supporting documents, accepted the settlement proposed by the insurance company. It was agreed that Rs.24,00,000 would be paid to the claimants as full and final settlement, with any remaining balance and accrued interest to revert to the insurer. The appeal was disposed in accordance with this settlement, and any pending civil applications were also dismissed. The court ordered the refund of court fees as per law.
Issues considered
- Whether the proposed settlement is in the best interest of the minor claimants
- Whether the Lok Adalat can dispose of the first appeal under the Legal Services Authorities Act
- How the settlement amount should be allocated between the claimants and the insurer
Legislation cited
Subjects
- Lok Adalat
- Insurance claim
- Settlement
- Minor claimants
- First appeal
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:12929
P-5-FAST-34665-2025.odt
BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
BOMBAY
BENCH AT AURANGABAD
Organized by High Court Legal Services Sub-Committee, Aurangabad
under Section 19 of the Legal Services Authorities Act, 1987 (Central Act)
.…
FIRST APPEAL (Stamp) NO.34665 OF 2025
MAGMA HDI GENERAL INSURANCE CO. LTD.
VERSUS
REKHA CHANDRAKANT SAMALE AND OTHERS
.…
Mr. Shantanu A. Deshpande, Advocate for the Appellant
Mr. Pramod C. Mayure, Advocate for the Respondents
.…
HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
(Head of the Panel)
Shri KISHOR R. CHOUDHARI,
(Retired District Judge)
Smt. YOGITA S. THORAT, (Advocate),
(Member)
AWARD
1. Not on board. Taken on board.
2. The dispute between the parties having been referred
for determination to the Lok Adalat.
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3. Advocate Mr. Shantanu Deshpande for the appellant /
insurance company, Advocate Mr. Pramod Mayure along with private
parties - respondents / claimants are present before the panel. They
tender on record the terms of compromise, extracts of the Aadhar
cards, certificate and the authority letter of the officer of the
insurance company, which are marked as Exhibit-"X".
4. With the assistance of the lawyers, we ascertained the
identification of the claimants, present today. As respondent No.2
Yuvraj Chandrakant Samale, No.3 Payal Chandrakant Samale and
No.4 Veer Chandrakant Samale, are minor, a certificate that the
settlement is in their interest, has been tendered.
5. The First Appeal is disposed of in terms of the settlement,
which is at Exhibit-"X".
6. As agreed between the parties, Rs.24,00,000/- (Rupees
Twenty Four Lakh) deposited by the appellant / insurance company,
shall be disbursed to the respondents / claimants, towards full and
final settlement. The balance amount with accrued interest shall be
disbursed to the appellant / insurance company.
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7. Pending civil applications, if any, also stand disposed of.
8. The office shall process refund of court fees in accordance
with law.
Yogita S. Thorat Kishor R. Choudhari Shailesh P. Brahme, J.
Member Retired District Judge Head of the Panel
Date:- 14.03.2026
Place: Aurangabad
SMS
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