The Manager, Bajaj Alliance General Insurance Company Limited v. Smt. Surekha Sanjay Pawane And ORS.

Shridhar Sutar 1 8-caf-77.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 77 OF 2017 IN FIRST APPEAL STAMP NO. 35253 OF 2016 The Manager, Bajaj Alliance General Insurance Company Ltd. ... Applicant

Versus

Surekha Sanjay Pawane and others ... Respondents WITH CIVIL APPLICATION NO. 2494 OF 2018 IN FIRST APPEAL STAMP NO. 35253 OF 2016 Surekha Sanjay Pawane and others ... Applicants In the matter between The Manager, Bajaj Alliance General Insurance Company Ltd. ... Appellant

Versus

Surekha Sanjay Pawane and others ... Respondents .....

Ms Yogita Deshmukh, Advocate for the Applicant in CA No.77 of 2017. Mr. A. Kulkarni, Advocate i/b Mr. Akshay Shinde, Advocate for Respondent Nos. 1 to 3 in CA No.77 of 2017 and for Applicants in CA No.2494 of 2018 .....

CORAM : A. S. CHANDURKAR, J.

DATE : 5th DECEMBER, 2018.

P. C.:

CIVIL APPLICATION NO. 77 OF 2017 .

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

2.

Civil application is disposed of.

Shridhar Sutar 2 8-caf-77.17.doc CIVIL APPLICATION NO. 2494 OF 2018 1.

Heard learned Counsel for the parties.

2.

Perused the impugned judgment and award. In the facts of the case, the claimants are permitted to withdraw 50% of the amount of compensation as deposited. The claimants shall file undertaking within eight weeks from today that if the appeal is allowed, the amount so withdrawn shall be repaid with interest at such rate the Court may direct. The remaining amount shall be invested in a fixed deposit. 3.

Civil application is disposed of.

( A. S. CHANDURKAR, J. )