← Library
Bombay High CourtCAF/1654/2018disposed off

Smt. Deepa Updesh Mundakar v. Reliance General Insurance Co. Ltd., Thr. Manager Mr. Amit Ashwini Sharma And ORS

2018-11-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

Shridhar Sutar 1 11-fa-1098.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1098 OF 2017 WITH CIVIL APPLICATION NO. 494 OF 2017 Reliance General Insurance Co. Ltd.

... Appellant

Versus

Deepa Updesh Mundakar and others ... Respondents WITH CIVIL APPLICATION NO. 1654 OF 2018 IN FIRST APPEAL NO. 1098 OF 2017 Deepa Updesh Mundkar and others ... Applicants In the matter of Reliance General Insurance Co. Ltd.

... Appellant

Versus

Deepa Updesh Mundakar and others ... Respondents .....

Ms Deepika Prabhala, Advocate for the Appellant. Mr. Sanjay Ghaisas, Advocate for the Respondent Nos. 1 to 5 and for Applicants in C.A.No.1654 of 2018.

.....

CORAM : A. S. CHANDURKAR, J.

DATE : 22nd NOVEMBER, 2018.

P. C.:

FIRST APPEAL NO. 1098 OF 2017 1.

Heard.

2.

Admit.

3.

Call for the Record and Proceedings.

4.

Mr. Ghaisas, learned Counsel waives notice for respondent Nos. 1 to 5.

Shridhar Sutar 2 11-fa-1098.17.doc CIVIL APPLICATION NO. 494 OF 2017 1.

As the entire amount of compensation has been deposited by the appellant, the execution of the impugned award shall remain stayed during pendancy of the appeal.

2.

Civil application is disposed of.

CIVIL APPLICATION NO. 1654 OF 2018 1.

The claimants seek permission to withdraw the amount of compensation as deposited.

2.

Perused the impugned judgment. In the facts of the case the following order is passed:- (i) The applicant Nos. 1 to 3 are permitted to withdraw an amount of Rs.4,50,000/-.

(ii) The applicant Nos. 4 and 5 are permitted to withdraw an amount of Rs.1,00,000/- each.

(iii) The remaining amount shall be invested in a fixed deposit. 3.

Civil application is disposed of.

( A. S. CHANDURKAR, J. )