Bombay High Court
MAGMA HDI GENERAL INSURANCE CO. LTD., THR ITS LEGAL OFFICER, AHMADABADversusLAXMIBAI ANANDA KHOMANE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of by compromise in accordance with the parties’ settlement and the provisions of Section 19 of the Legal Services Authorities Act, 1987.
Summary
The appellant, Magma HDI General Insurance Company Ltd., filed a first appeal against claimants including Laxmibai Ananda Khomane and others, one of whom is a minor represented by his mother. The parties appeared before a National Lok Adalat panel and submitted a compromise agreement, a certificate of interest for the minor, and identification documents. The panel, after verifying the documents and ensuring the settlement was in the minor’s best interest, accepted the compromise. An award was made directing the insurer to receive Rs.2,00,000 and the balance with interest to be paid to the claimants, with disbursement through the mother on behalf of all. Court fees, if any, were to be refunded, and the appeal was disposed of by settlement under Section 19 of the Legal Services Authorities Act, 1987.
Issues considered
- Whether a compromise settlement is permissible in a dispute involving a minor claimant.
- Whether the appeal can be disposed of by settlement under Section 19 of the Legal Services Authorities Act, 1987.
Legislation cited
Subjects
- National Lok Adalat
- settlement
- insurance claim
- minor
- compromise
- Legal Services Authorities Act
- court fees refund
Judgment
2026:BHC-AUG:12920
P-1-FA-3222-2018.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. 3222 OF 2018
MAGMA HDI GENERAL INSURANCE COMPANY LIMITED
VERSUS
LAXMIBAI ANANDA KHOMANE AND OTHERS
.…
Mr. Rohit H. Dahat, Advocate for the Appellant
Mr. Sunil N. Sonne, Advocate for Respondent Nos. 1 to 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. Mr. Rohit H. Dahat, the learned advocate for the
appellant/insurance company, Mr. Sunil N. Sonne, the learned
advocate for the respondents/claimants and respondent Nos. 1 to
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(( 2 )) P-1-FA-3222-2018
4, are present before the panel. They have tendered on record the
compromise terms, certificate, authority letter, and photocopies of the
Aadhaar cards. They are desirous of disposing of the First Appeal in
terms of the settlement. The terms of settlement are marked as
Exhibit “X”.
3. With the assistance of the lawyers, we have ascertained
the identification of the claimants present today. Out of them,
respondent No.4 Jitendra Ananda Khomane, is minor, who is
represented by his mother, respondent No.1 Laxmibai Ananda
Khomane. A certificate has also been produced indicating that the
compromise is in the interest of the minor.
4. The First Appeal is disposed of in terms of compromise at
Exhibit-"X".
5. As agreed between the parties, an amount of
Rs.2,00,000/- shall be disbursed to the appellant / insurance
company and the balance amount with the accrued interest shall be
disbursed to respondent Nos. 1 to 4 claimants as per their
entitlement.
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(( 3 )) P-1-FA-3222-2018
6. In view of inter se adjustment of the claimants, the office
shall disburse the amount in the name of respondent No.1 Laxmibai
w/o Ananda Khomane, for and on behalf of respondent Nos. 2 to 4.
7. Award be drawn accordingly.
8. The parties are informed that the Court fees, if any, paid
by any of them shall be refunded.
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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