Bombay High CourtCAF/2099/2016disposed off

Bajaj Alliaz General Insurance v. Smt. Nanda Anant Waghe And ORS.

2022-06-24Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.6781 OF 2016 WITH CIVIL APPLICATION NO.2099 OF 2016 WITH INTERIM APPLICATION NO.3104 OF 2022 SHAMBHAVI NILESH SHIVGAN SHAMBHAVI NILESH SHIVGAN Date: 2022.06.28 10:27:10 +0530 Bajaj Allianz General Insurance ...Appellant

Versus

Smt. Nanda Anant Waghe and Ors.

...Respondents

.....

Mr. H.S.Shinde h/for Mr. Milind M. Sathaye for the Appellant. Smt. Rina Kundu for Respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- INTERIM APPLICATION NO.3104 OF 2022 1.

Applicants, who are the original claimants in Claim Petition No.912 of 2008, have sought withdrawal of the compensation deposited by the appellant-Insurance Company as per the impugned judgment and award. Having considered reasons stated in the application and grounds raised in the appeal memo, applicant no.1 is permitted to withdraw 25% of the compensation along with proportionate interest thereon. Applicant no.2 is minor and as such, I am not inclined to allow 1/3

any withdrawal on her behalf at this stage. Application stands disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.) CIVIL APPLICATION NO.2099 OF 2016 By this application, applicant has sought to condone the delay of 205 days in filing appeal which is not objected by the learned counsel for the respondent nos.1 and 2-Original Claimants. Considering the reasons stated in the application, which in my considered view, constitute sufÏcient ground, the delay is condoned. The appeal be registered. Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/3