Bombay High Court
NEW INDIA ASSURANCE CO LTD THR MANAGER (LEGAL) DIVISIONAL OFFICE DHULEversusLAXMIBAI BHATU THAKARE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of in view of the settlement, with the agreed compensation to be paid to the claimants and the balance with interest to the insurer.
Summary
The New India Assurance Co. Ltd. filed a first appeal before the National Lok Adalat in Aurangabad against Laxmibai Bhatu Thakare and others. The parties were referred to the Lok Adalat for settlement, and a compromise was tendered, including an Aadhaar extract and authority letter. The panel, after verifying the identities and confirming that respondent No.4, a minor, was protected by a certificate of interest, approved the settlement terms. Under the agreement, Rs.9,00,000 will be paid to the claimants (respondents 1, 2 and 4) as full and final settlement, with the remaining amount plus interest to be paid to the appellant insurer. The court ordered the refund of court fees as permissible and disposed of the appeal on the basis of the settlement.
Issues considered
- Whether the dispute is amenable to settlement before the National Lok Adalat under the Legal Services Authorities Act, 1987.
- Whether the compromise is in the interest of the minor respondent and requires a certificate of interest.
- How the settlement amount should be allocated between the claimants and the appellant insurer.
Legislation cited
Subjects
- National Lok Adalat
- settlement
- insurance claim
- minor respondent
- compromise
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:16317
P-4-FA-1624-2024.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 NO. 1624 OF 2024
THE NEW INDIA ASSURANCE CO. LTD.
VERSUS
LAXMIBAI BHATU THAKARE AND OTHERS
.…
Ms Anagha Rotte, Advocate for the Appellant
Mr. Mohit S. Shah, Advocate for Respondent Nos. 1, 2 and 4
.…
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 have been referred
for settlement before the National Lok Adalat.
3. Advocate Ms. Anagha Rotte along with the Officer Mr.
Dinesh S. Bankar, Advocate Mr. Mohit S. Shah for respondents/
claimants and the respondent Nos. 1, 2 and 4 are present before
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(( 2 )) P-4-FA-1624-2024
the panel. They tender on record the terms of compromise along with
the extract of Aadhar card and the authority letter, which are marked
as Exhibit-"X".
4. With the assistance of the counsel for the claimants, we
have ascertained the identification of the private respondents. As the
respondent No.4 Roshani Bhatu Thakare is the minor, a certificate
that the compromise would be in her interest, has been tendered on
record.
5. The First Appeal is disposed of in view of the terms of
settlement. As agreed between the parties, an amount of
Rs.9,00,000/- (Rupees Nine Lakh) shall be disbursed to the
claimants / respondent Nos.1, 2 and 4, towards full and final
settlement. The balance amount shall be disbursed to the appellant /
insurance company with accrued interest.
6. Office shall process the refund of the court fees as is
permissible in 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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