Shri. Akash Aher v. Iffco Tokio General Insurance Co. Ltd.

30.fa.838.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3696 OF 2018 IN FIRST APPEAL NO. 838 OF 2017 Shri Akash Aher .. Applicant In the matter between :

IFFCO TOKIO General Insurance Co. Ltd.

.. Appellant Vs.

1. Akash Aher & Ors.

.. Respondents WITH CIVIL APPLICATION NO. 2499 OF 2017 IN FIRST APPEAL NO. 838 OF 2017 Ms. Varsha Chavan, Advocate for appellant.

Ms. Sangeeta S. Salvi, Advocate for respondent Nos.1 and for applicant in CAF/3696/2018.

CORAM : A.S. CHANDURKAR, J.

DATE : 14TH DECEMBER 2018 P.C.

CIVIL APPLICATION NO. 2499 OF 2017 As the entire amount of compensation has been deposited by the applicant, the execution of the impugned award shall remain stayed during the pendency of the appeal.

The civil application is disposed of.

CIVIL APPLICATION NO. 3696 OF 2018 Heard the learned counsel and perused the impugned judgment. Shraddha Talekar PS 1/2

30.fa.838.2017.doc 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undertaking in this Court within a period of eight weeks stating therein that in case the appeal is allowed, the amount withdrawn shall be re-deposited with interest at such rate the Court may direct.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