Bombay High CourtCAF/480/2019disposed off

The General Manager, Bajaj General Insurance Co. Ltd. v. Smt. Archana Bajirao Zade And ORS.

2022-06-24Hon'Ble Smt. Justice Anuja Prabhudessai4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.28465 OF 2018 WITH INTERIM APPLICATION NO.1960 OF 2022 WITH CIVIL APPLICATION NO.480 OF 2019 SHAMBHAVI NILESH SHIVGAN SHAMBHAVI NILESH SHIVGAN Date: 2022.06.28 10:27:06 +0530 The General Manager, Bajaj General Insurance Co. Ltd.

...Appellant

Versus

Smt. Archana B. Zade and Ors.

...Respondents

.....

Ms. Yogita Deshmukh Chitnis for the Appellant. Mr. Mahendra Agavekar with Shraddha Chavan i/by Mr. Sachin Gorwadkar for Respondent Nos.1 to 4.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- CIVIL APPLICATION NO.480 OF 2019 1.

By this application, applicant has sought to condone the delay of 92 days in filing the appeal under Section 173 of the Motor Vehicles Act, 1988. In view of the reasons stated in the application, delay is condoned. Appeal be registered.

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Application stands disposed of.

INTERIM APPLICATION NO.1960 OF 2022 By this application, applicants-respondents have sought to withdraw the compensation deposited by the appellant-Insurance Company as per the impugned judgment and award of the Motor Accident Claims Tribunal in Claims Petition No.173 of 2010. Appellant-Insurance Company has deposited the amount of Rs.23,27,802/-. Having considered the reasons stated in the application and the grounds raised in the appeal memo, applicant no.1 is permitted to withdraw 15% of the amount deposited and the applicant no.4 is permitted to withdraw 5% of the amount deposited along accrued interest thereon. Balance amount including the amount payable to the applicant nos.2 and 3 be invested in any nationalised bank until further orders.

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