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Bombay High CourtFA/1630/2011disposed off

The Oriental Insurance Company Ltd, v. 1. Yogita Yashwantrao Ghorpade And ANR.

2024-02-02Hon'Ble Shri Justice Shivkumar Dige2 pages

Shantanu Dhudum 261-FA-1630-2011.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 1630 OF 2011 The Oriental Insurance Co. Ltd.

) Divisional Office, kanchanganga ) near Hotel Pearl, e Ward, Kolhapur ) ....Appellant (Orig. Opp. No.2)

Versus

1. Yogita Yashwantrao Ghorpade ) Age: 33 years, Occu: Service, ) R/o. Khadakewada, Tal: Kagal ) Dist: Kolhapur ) by SHANTANU SHANKARSA DHUDUM Date:

2024.02.16 10:57:00 +0530 SHANTANU SHANKARSA DHUDUM

2. Rajaram Ganpati Haladkar ) Age: 50 years, Occu: Transport, ) R/o. A/p. Ker, Tal: Bhudargad, ) District- Kolhapur ) ....Respondents (No.1 Original Applicant No. 2 Original Opponent No.1) ----- Ms. S. S. Dwivedi, Advocate for the Appellant. Mr. Jayant Bardeskar, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 2nd FEBRUARY, 2024.

Oral Judgment. :

1.

Learned counsel for Appellant submits that Appellant has 1/2

Shantanu Dhudum 261-FA-1630-2011.doc filed this Appeal on various grounds but, if claimants are not going to file Appeal or Cross Objection for enhancement of compensation under any heads, the Appeal can be disposed of. 2.

Learned counsel for Respondents/Claimant, on instructions, submits that the Claimants would not file any Appeal for enhancement of compensation under any head and Appeal can be disposed of.

3.

The statement of learned counsel for the Respondents/Claimants is accepted, and I pass following order;

ORDER

i. Appeal is dismissed and disposed of.

ii. The Claimants are permitted to withdraw deposited amount along with accrued interest thereon.

iii. The statutory amount be transmitted to the Tribunal. The parties are at liberty to withdraw it, as per Rule. 4.

All pending applications, if any, stand disposed of. (SHIVKUMAR DIGE, J.) 2/2