Bombay High Court
BALAJI BHAGWAN PARSEWAR DIED THR LEGAL REPR. SULOCHANABAI AND ORS.versusSK. VAKEEL SK. ISMAIL AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The panel held that the settlement agreement, duly accepted by the parties, is binding and the insurance companies must deposit the stipulated amounts as full and final settlement.
Summary
The case involved the heirs of the deceased Balaji Bhagwan Parsewar filing a first appeal before the National Lok Adalat at the High Court of Bombay, Aurangabad bench, seeking settlement of insurance claims. The parties, represented by counsel, presented the terms of settlement and supporting documents, including Aadhar extracts. The panel, after confirming the identities of the private parties and the settlement terms, approved the settlement. It ordered the two insurance companies (respondent Nos. 2 & 3 and respondent Nos. 5 & 6) to each deposit Rs.1,50,000 in the court as full and final settlement, to be disbursed to the claimant Ishwar Balaji Parsewar. The award also stipulated interest at 6% for any delay in payment and directed the court to process refund of court fees. The appeal was thus disposed by virtue of the settlement.
Issues considered
- Whether the settlement agreement presented by the parties can be approved and enforced by the National Lok Adalat.
- Whether the insurance companies are obligated to deposit the stipulated settlement amounts.
- Consequences of non‑payment of the settlement amount by the insurance companies.
Legislation cited
Subjects
- Lok Adalat
- settlement
- insurance claim
- Legal Services Authorities Act
- court fees
- interest on delayed payment
- appeal disposal
Judgment
2026:BHC-AUG:12919
114-FA-2534-2022.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. 2534 OF 2022
BALAJI BHAGWAN PARSEWAR – DIED THROUGH LRS
1. SULOCHANABAI W/O BALAJI PARSEWAR AND OTHERS
VERSUS
SK. VAKEEL SK. ISMAIL AND OTHERS
.…
Mr. Avinash D. Hande, Advocate for the Appellants
Mr. Swapnil S. Rathi, Advocate for Respondent Nos. 2 and 3
Mr. Abhijit G. Choudhari, Advocate for Respondent Nos.5 and 6
.…
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. Advocate Mr. Avinash Hande along with appellants /
claimants, Advocate Mr. Swapnil Rathi for respondent Nos.2 and 3
/ insurance company and Advocate Mr. Abhijit Choudhari for
respondent Nos. 5 and 6 - another insurance company, are present
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(( 2 )) 114-FA-2534-2022
before the panel. They tender on record the terms of the settlement
and the extract of the Aadhar cards of the claimants, which are
marked as Exhibit-"X".
2. With the assistance of the learned counsel, we have
ascertained the identification of the private parties. They confirm the
terms of settlement.
3. The First Appeal is disposed of in view of the settlement
at Exhibit-"X".
4. As per the terms of the settlement, respondent Nos. 2 and
3 insurance company shall deposit Rs.1,50,000/- and respondent Nos.
5 and 6 shall deposit Rs.1,50,000/- in this Court within the period
agreed between the parties. The additional deposit is towards full
and final settlement between the parties.
5. On depositing of the amount within the stipulated period,
the same shall be disbursed to the appellants. As per the inter se
arrangement, the disbursement shall be made to appellant No.2
Ishwar Balaji Parsewar.
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6. If the respondents / insurance companies fail to deposit
the amount, the same shall carry interest @ 6% from the date of
appeal.
7. Award be drawn accordingly.
8. The office shall process refund of court fees as per 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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