The United India Insurance Co.Ltd. v. Valsala Warrier And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.113 OF 2017 IN FIRST APPEAL (ST) NO.42743 OF 2003 The United India Insurance Co. Ltd.

..Applicant/Appellant V/s.

Smt.Valsala Warrier & Anr.

..Respondents ---- Ms.Divya Menon i/by Mr.S.M. Vidyarthi for the Applicant/Appellant. Mr.S. Deshpande for Respondent No.1.

---- CORAM : M. S. SONAK, J.

DATE : 31 JANUARY 2017.

P.C.

1.

By this Civil Application, advocate Mr.Vidyarthi who was earlier appearing for the applicant seeks to withdraw his appearance. To the said Civil Application he has enclosed a letter dated 28-11-2016 addressed to the Insurance Company along with his no objection certificate. On the letter there is an endorsement the matter to be listed on 06-12-2016. The letter bears the receipt/stamp of the Insurance Company. In view of the aforesaid, the Civil Application is allowed and disposed of. 2.

Place the application for condonation of delay in the N.S. Kamble page 1 of 3

appeal for consideration on 14 February 2017 on Supplementary Board. Ms.Divya Menon who holds for Mr.Vidyarthi states that she will give notice of this next date to the appellant Insurance Company without fail.

3.

Further, Mr.Deshpande the learned counsel for the respondent-claimant submits that the claimant by now, 80 years of the age. In the year 1992 she met with an accident and by award dated 07 March 2003 she has been awarded compensation of Rs.1,25,666/-. The Insurance Company has deposited in this Court compensation of Rs.2,15,243/-. However, respondent-claimant has not received any compensation on account of ad-interim order granted by this Court restraining execution. He points out that the respondent-claimant is in dire need of money and therefore some amount may be permitted to withdraw.

4.

Considering the aforesaid circumstances, the respondent No.1-claimant is permitted to withdraw 50% of the compensation deposited in this Court unconditionally. 5.

All concerned to act on the basis of the authenticated copy of this order.

N.S. Kamble page 2 of 3

6.

It is made clear that if on the next date the appellant Insurance Company does not appear through any authorized representative, then, this Court will consider dismissing the application for non-prosecution. Particularly since, the appeal relates to the year 2003.

(M. S. SONAK, J.) N.S. Kamble page 3 of 3