Smt. Rima Suresh Vichare And ORS. v. Shri. Reliance General Insurance Company Limited And ANR.
17-CAF-44-18 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICATION CIVIL APPLICATION NO.44 OF 2018 IN FIRST APPEAL ST. NO.23632 OF 2017 Reliance General Insurance Company Ltd.
-vsRima Suresh Vichare and ors.
----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri Nikhil Mehta, Advocate i/b KMC Legal Venture for appellant.
Shri Vimal Sanghvi, Advocate i/b Ms Sushma P. Gor, Advocate for respondent Nos.1 to 3.
CORAM : A.S.CHANDURKAR, J.
DATE : December 12, 2018 On the request made by the learned counsel for the appellant service on respondent No.4 is dispensed with. As the appellant seeks to challenge the judgment of the Claims Tribunal on the basis of quantum of compensation awarded, considering reasons mentioned, delay in filing the First Appeal stands condoned.
Civil Application is allowed and disposed of. First Appeal St. No.23632 of 2017 Heard. Admit. Call for record and proceedings. Ms Sushma Gor, learned counsel waives notice on behalf of respondent Nos.1 to 3.
Civil Application No.45 of 2018 As the entire amount of compensation has been deposited with the Claims Tribunal, the execution of the impugned award shall remain stayed during pendency of the
17-CAF-44-18 2/2 appeal. Civil Application is allowed and disposed of. Civil Application St. No.27788 of 2018 Perused the application and heard the learned counsel.
In the facts of the case the claimants are permitted to withdraw 50% of the amount of compensation as deposited on furnishing undertaking within eight weeks that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. The remaining amount shall be invested in Fixed Deposit.
Civil application is disposed of.
(A.S.CHANDURKAR, J.) Asmita