Icici Lombard General Insurance Company Ltd v. Smt. Sunanda Raju Jadhav

9.FA-1563-2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1563 OF 2012 ICICI Lombard General Insurance Co. Ltd.

...Appellant

Versus

Sunanda R Jadhav & Ors.

...Respondents

Mr. Nikhil Mehta i/by KMC Legal Venture, Advocate for the Appellant. Neeta S.

Sawant CORAM : SANDEEP K. SHINDE, J.

DATE : 21 st AUGUST, 2020.

Neeta S. Sawant Date: 2020.08.25 16:24:38 +0530 P.C.

1.

Insurance Company, seeks leave to withdraw this appeal, preferred under Section 173 of the Motor Vehicles Act, 1988. 2.

Learned Counsel submits that appellants have deposited the awarded amount in the Office of the Tribunal and statutory deposit Rs. 25000/- in terms of Provision of Section 173(1) of the Motor Vehicles Act, in the Registry of this Court.

3.

He submits on instructions, Insured - Respondent may withdraw the awarded amount, for which appellants have no objection. Both the statements / submissions are accepted. Leave granted. Appeal is disposed of as withdrawn.

Najeeb 1/2

9.FA-1563-2012.doc 4.

In view of the withdrawal of appeal, appellants are entitle to claim refund of Court fees as per Rules. Registry shall process the request of appellants accordingly. Registry is further directed to transfer Rs. 25000/- deposited by the appellants, in terms of Section 173(1) of the Motor Vehicles Act to the concern Motor Accident Claim Tribunal. As such Tribunal shall refund Rs. 25000/- to the appellants, once it is transferred and permit Respondents to withdraw awarded sum, unconditionally. Appeal is disposed of.

(SANDEEP K. SHINDE, J.) Najeeb 2/2