Bombay High Court
ICICI LOMBARD GENERAL INSURANCE CO. LTD. THANE (WEST)versusSHILPA NISHIKANT KAMBLE AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal was disposed of in accordance with the executed Consent Terms, granting the insurer a refund of court fees and directing transfer of the statutory deposit.
Summary
The appellant, ICICI Lombard General Insurance Co., appealed a dispute with claimants Shilpa Nishikant Kamble and others. Both parties executed Consent Terms on 1 October 2026, indicating a settlement of the underlying claim. The consent document was filed as Document X and accepted by the court. The judge disposed of the appeal in accordance with the settlement, ordering the statutory deposit to be transferred to the Motor Accident Claims Tribunal, Thane, within thirty days. The insurer was also entitled to a refund of court fees as per the applicable rules.
Issues considered
- Whether a civil appeal can be disposed of on the basis of a settlement reflected in consent terms
- Entitlement of the appellant to a refund of court fees upon settlement
- Procedure for transferring the statutory deposit to the Motor Accident Claims Tribunal
Subjects
- settlement
- consent terms
- appeal disposal
- insurance claim
- motor accident claims tribunal
- court fees
Judgment
7-FA-2018-2024.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 2018 OF 2024
ICICI Lombard General Insurance Co. Ltd. Thane …Appellant
Versus
Shilpa Nishikant Kamble And Ors. …Respondents
Adv. Pandit Kasar, for the Appellant
Adv. Sanjay Ghaisas, for the Respondent Nos. 1 and 2.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 1ST OCTOBER 2026
P.C:-
1. Learned counsel for appellant as well as learned counsel
for respondent nos. 1 and 2 submits that the parties have
compromised the dispute. They have executed Consent Terms
on 1st October 2026. It is pointed out that the Consent Terms are
signed by the authorised representatives of appellant no.1
Insurance Company and Original Claimants i.e. Respondent
Nos. 1 and 2. It is pointed out that Respondent No. 3 is owner of
the vehicle.
2. It is thus clear that in view of Consent Terms, the parties
have settled the dispute. The original copy of the Consent Terms
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1 October 2026
7-FA-2018-2024.ODT
is tendered across the bar and taken on record and marked as
Document ‘X’ for identification purpose.
3. The First Appeal is accordingly disposed of in accordance
with the Consent Terms. The appellant Insurance Company is
entitled for refund of Court fess as per Rules. The amount of
statutory deposit be transferred to Motor Accident Claims
Tribunal, Thane within thirty days and the appellant Insurance
Company is entitled to apply for refund of the said amount.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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1 October 2026
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