Iffco Tokio General Insurance Co. Ltd. v. Smt. Damayanti Sambhaji Jadhav And ORS.

18.caf.2146.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2146 OF 2017 WITH CIVIL APPLICATION NO. 2147 OF 2017 WITH CIVIL APPLICATION (ST.) NO. 19251 OF 2018 IN FIRST APPEAL (ST.) NO. 243 OF 2017 IFFCO TIKO General Insurance Co. Ltd.

.. Appellant Vs.

Smt. Damayanti Sambhaji Jadhav & Ors.

.. Respondents Ms. Varsha Chavan, Advocate for appellant.

Ms. Sangeeta S. Salvi, Advocate for respondent Nos.1 to 4. CORAM : A.S. CHANDURKAR, J.

DATE : 14TH DECEMBER 2018 P.C.

CIVIL APPLICATION NO. 2146 OF 2017 The learned counsel enters appearance for respondent No.2 and service on respondent No.1 is complete. Considering the reasons of delay, the same stands condoned.

The application is disposed of.

FIRST APPEAL (ST.) NO. 243 OF 2017 Heard. Admit. Call for record and proceedings in MACP No.134/2014. The learned counsel waives notice on behalf of respondent Nos.1 to 4.

Shraddha Talekar PS 1/2

18.caf.2146.2017.doc CIVIL APPLICATION NO. 2147 OF 2017 As the entire amount of compensation is deposited with the Claims Tribunal, execution of the impugned order shall remain stayed during pendency of proceedings.

CIVIL APPLICATION (ST.) NO. 19251 OF 2018 Heard the learned counsel and perused the impugned judgment. Considering the nature of evidence on record, the claimants are permitted to withdraw 50% of the amount of compensation as deposited. The claimants shall file an undertaking in this Court within a period of eight weeks stating therein that in case the appeal is allowed, the amount withdrawn shall be re-deposited with interest at such rate the Court may direct. The balance amount shall remain invested in fixed deposit. The civil application is disposed of.

(A.S. CHANDURKAR, J.) Shraddha Talekar PS 2/2