Shri. Balgir Madhavgir Gosavi v. H.D.F.C. Ergo, General Insurance Company Limited Through Divisional Officer

5.FA.997.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 997 OF 2015 WITH CIVIL APPLICATION NO. 2958 OF 2015 WITH CIVIL APPLICATION NO. 205 OF 2017 IN FIRST APPEAL NO. 997 OF 2015 H.D.F.C. Ergo General Insurance Company Ltd. through Divisional Officer .. Appellant Vs.

Shri Balgir Madhavgir Gosavi & Anr.

.. Respondents Mr.Abhijit P. Kulkarni, Advocate for appellant. Mr.M.U. Rajput, Advocate I/b Mr.Rajan Pawar, Advocate for respondent No.1.

CORAM : A.S. CHANDURKAR, J.

DATE : 14TH DECEMBER 2018 P.C.

FIRST APPEAL NO. 997 OF 2015 Heard. Admit. Call for record and proceedings. The learned counsel waives notice for respondent No.1. CIVIL APPLICATION NO. 2958 OF 2015 (FOR STAY) As the entire amount of compensation has been deposited with the Claims Tribunal, execution of the impugned award shall remain stayed during pendency of the proceedings.

The civil application is disposed of.

Shraddha Talekar PS 1/2

5.FA.997.2015.doc CIVIL APPLICATION NO. 205 OF 2017 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undertaking in this Court within a period of eight weeks stating therein that in case the appeal is allowed, the amount withdrawn shall be re-deposited with interest at such rate the Court may direct.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 remaining amount shall remain invested in fixed deposit. The civil application is disposed of.

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