Final Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW Ex.1 IN EXECUTION No.62 OF 2025
arising out of MACP NO.127 OF 2019
1. The present execution is filed by applicant no.1 to 4
for recovery of the amount awarded in the petition. By
filing this execution the applicant have come with the case
that the matter is settled between them and the insurance
company and accordingly the insurance company has given
them the offer letter Ex.8A and had given the offer amount
of Rs.40 lakhs which is being accepted by applicant no.1 to
4 by filing application Ex.5, Ex.6, Ex.7 on record. As per
the mutual settlement Ex.5, Ex.6 and Ex.7 and application
for apportionment Ex.13, the applicants have accepted the
offer of Rs.40 lakhs.
2. In the apportionment Ex.13 the applicant no.4 who is
the mother of the deceased Smt. Vilasben Dilipsinh Zala
had given in writing that the amount of Rs.6 lakhs awarded
in her share has to be equally paid to applicant no.1, 2
and 3.
3. As the matter is already amicably settled between
applicant no.1 to 4 and the Insurance company and the
offered amount is accepted by the applicant no.1 to 4 and
applicant no.4 had relinquished her share and requested
for distributing the same to applicant no.1 to 3 and
therefore the consent terms are read and recorded and with
reference to the consent term and apportionment order, I
pass following order :
-- 1 of 2 --
: 2 :
ORDER
1) The Execution is amicably settled as compromised in
terms of Ex.5, Ex.6, Ex.7 and Ex.13.
2) The amount of Rs.6 lakhs awarded to applicant no.4
be equally distributed amongst applicant no.1, 2 and 3 and
the share of applicant no.2 and 3 be paid to applicant no.1
who is the next friend of applicant no.2 and 3.
3) The apportionment will be made as per the original
award dated 5.11.2024 and the share of applicant no.1 be
released through NEFT/RTGS and the share of applicant
no.2 and 3 awarded in the original award of Rs.6 lakhs each
be fixed deposited in nationalised bank till they attain
majority.
4) The execution is disposed off as fully satisfied.
(Manish A. Kothari)
Member, CR-7,
Date : 15.02.2025 MACT, Mumbai
*sb
-- 2 of 2 --