F.A.St.No.22442 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST.NO.22442 OF 2011 WITH CIVIL APPLICATION NO.10110 OF 2011 (FOR STAY) Cholamandalam MS General Insurance Co.Ltd., through its Manager, Pune ..APPLICANT/ APPELLANT Versus Alkabai w/o Bhagwan Piwal and ors. ..RESPONDENTS Mr S.G.Chapalgaonkar, Advocate for applicant/appellant Mrs V.R.Langhe, Advocate for respondent No.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 21st October 2011 PER COURT 1. In view of the terms of the compromise filed in this Court today, which is marked “X” for the purpose of identification, appeal is disposed of. 2. Appellant is entitled to claim refund of Court fees as per the rules. 3. Learned Counsel for respondent No.1 makes statement that respondents/claimants have deposited the deficit Court fees in accordance with the amount of the compensation awarded. F.A.St.No.22442 of 2011 2 4. The award dated 28.4.2011 passed by the Motor Accident Claims Tribunal, Aurangabad is modified as follows. 5. Insurance Company is paying Rs.18,70,500/- to the respondents. The said amount is apportioned between the five respondents as follows : (i) Respondent No.1 Alkabai Bhagwal Piwal to get Rs.5,00,000/- (Rs.Five lacs) and she is allowed to withdraw the same; (ii) Respondent No.2 Sudhakar s/o Bhagwan Piwal to get Rs.3,00,000/- (Rs.Three lacs) and he is allowed to withdraw the same; (iii) Respondent No.3 Kum.Bharti d/o Bhagwan Piwal, to get Rs.3,00,000/-. As respondent No.3 is minor, the said amount to be fixed in her name in a Fixed Deposit in any Nationalized Bank; (iv) Respondent No.4 is a mother to get Rs. 5,00,000/- (Rs. Five lacs) and she is allowed to withdraw the same; (v) Respondent No.5, who is a father to get the remaining amount i.e. Rs.2,70,500/- (Rs.Two lacs seventy thousand five hundred). He is allowed to withdraw the same. F.A.St.No.22442 of 2011 3 Appeal is disposed of in view of the terms of the compromise filed. Civil Application No.10110 of 2011 filed by the appellant for stay does not survive and stands disposed of accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/22442.11fast)