Created by Fuzzy Cloud

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



                                   Page 1 of 2
                              st
                             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/-




                                     Page 2 of 2
                                st
                               1 October 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.