1 F.A.1309.05 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1309 OF 2005 [United India Insurance Co. Ltd. Vs. Makhram Duba Rathod etc.] WITH CIVIL APPLICATION NO.5070 OF 2010 CIVIL APPLICATION NO.5071 OF 2010 [Makhram Duba Rathod etc. Vs. United India Insurance Co. Ltd.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.B.Gatne,Advocate for Appellant (For respondent No.1 in C.A.Nos.5070 and 5071 of 2010) Shri.V.D.Patnurkar,Advocate for Respondent Nos. 1 and 2. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 04TH MARCH, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. Mr. Gokuldas Eknath Khandagale, Deputy Manager for the appellant-United India Insurance Co. Ltd.(Insurance Company- original respondent No.3)present in the Court, as well as Makhram Duba Rathod and Jamunabai Makharam Rathod i.e. Respondent Nos.1 and 2 herein (Original 2 F.A.1309.05 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Claimants) are present in the court. They have tendered “Compromise Pursis”. Perused the said “Compromise Pursis”, which appears to have been signed by the aforesaid Deputy Manager for the appellant, as well as it bears thumb impressions of respondent Nos. 1 and 2 duly identified by Mr. Patnurkar, learned counsel. Moreover, it appears that “Compromise Pursis” has been signed by Mr.A.B.Gante, learned counsel for the appellant-Insurance Company and Mr. Patnurkar, learned counsel for respondent No.1 and 2 (Original Claimants). Perused the contents of the said “Compromise Pursis”. Aforesaid parties admitted the contents of the said “Compromise Pursis”. Accordingly, said “Compromise Pursis” is taken on record and marked as document “X”. 3. Accordingly, the impugned Judgment and Award stands modified in terms of “Compromise Pursis” and present First Appeal stands disposed off. 3 F.A.1309.05 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 4. Office to pay amount mentioned in clause 4(d) of “Compromise Pursis” to the original claimants within a period of one month and amount of accrued interest be paid to the appellant-Insurance Company within said period. 5. In view of disposal of the present First Appeals, nothing survives for consideration in the present Civil Applications, and same are disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK