Circuit Bench Nagpur

StateCommission

A/14/361

THE ORIENTAL INSURANCE COMPANY LTD THROUGH ITS REGIONAL MANAGER HAVING OFFICE AT S.K. TOWER CHHINDWARA ROAD NAGPUR . - Complainant(s)

Versus

KU.BHUMIKA D O SUJIT SARSHENDE RAI THROUGH NATURAL GUARDIAN SUJIT RATANLAL SARSHENDE RAI - Opp.Party(s)

A.M.QAUZI

28 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/14/221
( Date of Filing : 30 Jul 2014 )
(Arisen out of Order Dated 12/06/2014 in Case No. CC/162/2013 of District Yavatmal)
 
1. DR.SANJEEV S/O LAKHANLAL JOSHI
R/O.JOSHI CHILDREN HOSPITAL,CHIRAYU CHILD CRITICAL CARE CENTER,DAT ROAD,TILAKWADI,YEOTMAL
YEOTMAL
...........Appellant(s)
Versus
1. KU.BHUMIKA D/O SUJIT SARSHENDE
R/O.PRANNEEL SOCIETY ,JAI VIJAY SQUARE,WAGHAPUR TEKDI.YEOTMAL
YEOTMAL
2. ORIENTAL INSURANCE COMPANY LTD
VEER WAMANRAO SQUARE,YEOTMAL
YEOTMAL
...........Respondent(s)
First Appeal No. A/14/361
( Date of Filing : 21 Oct 2014 )
(Arisen out of Order Dated 12/06/2014 in Case No. CC/162/2013 of District Nagpur)
 
1. THE ORIENTAL INSURANCE COMPANY LTD THROUGH ITS REGIONAL MANAGER HAVING OFFICE AT S.K. TOWER CHHINDWARA ROAD NAGPUR .
S.K.TOWER,CHHINDWARA ROAD NAGPUR .
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. KU.BHUMIKA D O SUJIT SARSHENDE RAI THROUGH NATURAL GUARDIAN SUJIT RATANLAL SARSHENDE RAI
R O PRANEEL SOCIETY JAI VIJAY SQUARE WAGHAPUR TEKDI YEOTMAL
YEOTMAL
MAHARASHTRA
2. DR.SANJIV LAKHANLAL JOSHI
R O JOSHI BAL RUGANALYA , CHIRAYU CHILD CRITICARE CENTER DATE COLLEAGE ROAD,TILAKWADA,YEOTMAL
YAVATMAL
MAHARASHTRA
...........Respondent(s)
First Appeal No. A/14/471
( Date of Filing : 22 Dec 2014 )
(Arisen out of Order Dated 12/06/2014 in Case No. CC/162/2013 of District Yavatmal)
 
1. KU.BHUMIKA D O SUJIT SARSHENDE RAI THROUGH NATURAL GUARDIAN SUJIT RATANLAL SARSHENDE RAI
R O PRANEEL SOCIETY JAI VIJAY SQUARE WAGHAPUR TEKDI YEOTMAL
YAVATMAL
MAHARASHTRA
...........Appellant(s)
Versus
1. DR.SANJIV LAKHANLAL JOSHI
JOSHI BAL RUGNALAYA CHIRAYU CHILD CRITICARE CENTRE,DATTE COLLEGE ROAD,TILAKWADI,YAVATMAL
YAVATMAL
MAHARASHTRA
2. ORIENTALINSURANCE CO.LTDVEER WAMANRAO SQUARE,YEOTMAL THROUGH ITS BRANCH MANAGER .
ORIENTALINSURANCE CO.LTDVEER WAMANRAO SQUARE,YEOTMAL THROUGH ITS BRANCH MANAGER .
YAVATMAL
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MR. S B SAWARKAR MEMBER
 
For the Appellant:
Mr Amit Bhate, Advocate in Appeal No.A/14/221
Mr A M Quazi, Advocate in Appeal No.A/14/361
Mr Manoj Kariya, Advocate in Appeal No.A/14/471
 
For the Respondent:
Mr Manoj Karia for Respondent No.1 in Appeal Nos.A/14/221 & A/14/361
Mr A M Quazi for Respondent No.2 in Appeal Nos.A/14/221 & A/14/471
Mr Amit Bhate for Respondent No.1 in Appeal No.A/14/471 & Respondent No.2 in A/14/361
 
Dated : 28 Jun 2018
Final Order / Judgement

Per Mr B A Shaikh, Hon’ble Presiding Member

 

1.      Advocate Mr Amit Bhate is present for the appellant in appeal No.A/14/221. Advocate Mr A M Quazi is present for the for the appellant in appeal No.A/14/361. Advocate Mr Manoj Kariya is present for the appellant in appeal No.A/14/471.  The appellants are also the respondents in the aforesaid respective counter appeals, filed against them.

 

2.      Advocate of the appellant in appeal No.A/14/221 filed a Pursis in all these three appeals.  Advocates of both the parties, who are present, are heard on the terms & conditions of the said Pursis, for disposal of all these three appeals.

 

3.      Advocates of both the parties admitted that out of Rs.13.36 Lakhs deposited with the Forum below, the complainant who is the appellant in appeal No.A/14/471 has already withdrawn Rs.12.51 Lakhs as per permission granted by this Commission earlier.  They also requested that balance of the said amount i.e. Rs.85,000/- alongwith interest accrued thereon, may be refunded as per compromise to the appellant Dr. Sanjeev Lakhanlal Joshi in appeal No.A/14/221 and the interest accrued over an amount of Rs.12.51 Lakhs, which was deposited with the Forum below by Dr. Sanjeev Lakhanlal Joshi be paid to the complainant Bhumika, who is appellant in appeal No.A/14/471.

 

4.      Moreover, as per compromise arrived at in between both parties

in these appeals, it is submitted that the Oriental Insurance Company Ltd., which is appellant in appeal No.A/14/361 has deposited with the Forum below Rs.6,61,226/- on 03.02.2016 and that out of that amount the said appellant Insurance Company agreed to pay Rs.6.25 Lakhs with interest accrued thereon to the original complainant Bhumika, who is appellant in appeal No.A/14/471 and balance amount of Rs.36,226/- alongwith interest accrued thereon be refunded to the appellant – Oriental Insurance Company Ltd.  Hence, the said amounts as per above submission be paid by the Forum below to the said parties. 

 

5.      Moreover, the statutory amount of Rs.25,000/- deposited on 22.08.2014 by Oriental Insurance Company Ltd., with the Forum below be refunded alongwith accrued interest thereon to the said Insurance Company.

 

6.      Thus, in terms of above compromise and the observations made in the aforesaid common order, these three appeals bearing No.A/14/221, A/14/361 & A/14/471 are hereby disposed of.

 

7.      This order be accordingly complied with by the Forum below after due verification of its record relating to deposits.

Copy of the order be furnished to both parties free of cost and one copy be also forwarded to the Forum below for necessary action.

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MR. S B SAWARKAR]
MEMBER

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