1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL Nos. 1689, 1690,1691 & 1692 OF 2009 ICICI Lombard Insurance Company Limited..... Appellant Vs. Rukmini Vithal Patil & ors .... Respondents Mr.Nikhil Mehta i/b. M/s. KMC Legal Venture Adv. For the appellant Mr. Rohan Darandale Adv. For the respondents 1 and 2. CORAM : R.G. KETKAR, J. DATE : 9th July, 2010. P.C. : 1. These appeals are directed against the common judgment and award dated 20-12-2008 passed by the learned District Judge-1 and Additional Member, Motor Accident Claims Tribunal, Palghar by which Motor Accident Claim Petition nos. 149/07, 150/07, 151/07 & 152/07 were allowed with costs proportionately. In Petition no. 149/07, the Tribunal directed that the appellant and the offending owner to pay an amount o Rs. 9,50,500/- inclusive of N.F.L. amount along with interest at the rate of 9% per annum. In petition no.150/07, the Tribunal directed that the appellant and the offending owner to pay an amount 2 of Rs. 4.12,500/- inclusive of N.F.L. amount along with interest at the rate of 9% per annum. In petition no.151/07, the Tribunal directed that the appellant and the offending owner to pay an amount of Rs. 1,54,500/- inclusive of N.F.L. amount along with interest at the rate of 9% per annum. In petition no.152/07, the Tribunal directed that the appellant and the offending owner to pay an amount o Rs. 1,54,500/- inclusive of N.F.L. amount along with interest at the rate of 9% per annum. 2. Heard Mr. Nikhil Mehta, learned counsel for the appellant and Mr. Rohan Darandale, learned counsel for the respondent claimants in all the appeals. The learned counsel for the appellant states that the respondent claimants have withdrawn an amount of Rs.50,000/- each in all four petitions and thus appellant paid in aggregate of Rs. 2 lacs. Pursuant to the order dated 2-7-2009 passed by this court, the appellant had deposited amount of Rs.17,29,507/- in the Tribunal at Palghar. 3. Both the learned counsel state that the parties have amicably settled the entire controversy where under respondent claimants have agreed to accept amount of Rs. 12 lacs excluding Rs. 2 lacs paid to them towards N.F.L. amount as and by way of full and final settlement 3 and the appellant is entitled to withdraw the balance amount of Rs. 5,29,507/-. Hence the appeals are disposed of in the following terms. ORDER 1. The respondent claimants accept that they are entitled to amount of Rs. 12 lacs inclusive of N.F.L. Amount as and by way of full and final settlement of their claims against the appellant. 2. The respondent claimants are permitted to withdraw the amount of Rs. 12 lacs deposited in the Tribunal, Palghar together with interest if any, accrued thereon. 3. The appellant is permitted to withdraw balance amount of Rs. 5,29,507/- together with interest if any, accrued thereon. 4. The appellant is permitted to withdraw the amount of Rs.25,000/- each deposited by it in 4 appeals as per sec. 173 of the Motor Vehicles Act, 1988 at the time of filing of the appeals. 5. The parties and Tribunal shall act on copy of this order duly authenticated by Sheristedar of this court. 6. The impugned judgment and award passed by the Tribunal in M.A.C.P. No.149/07, 150/07, 151/07 & 152/07 stands modified in aforesaid terms. 4 7. F.A. Nos. 1689/09, 1690/09, 1691/09 & 1692/09 stand disposed off with no order as to costs. [R.G. KETKAR, J.]