Vandanabai Namdeo Chitte And Others v. The Reliance General Insurance Company And Others

(1) C.A.No.3283.15

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3283 OF 2015 IN FIRST APPEAL (ST.) NO.13352 OF 2014 Vandanabai Namdeo Chitte & ors.

APPLICANTS

VERSUS

The Reliance General Insurance Co.

and ors.

..RESPONDENTS Mr C.V. Bhadane, Advocate for applicants;

Mr Mandar Deshmukh, Advocate holding for Mr S.G. Chapalgaonkar, Advocate for respondent no.1 CORAM : N.W. SAMBRE, J.

DATE : 8th May, 2015 ORAL ORDER :

This Court, on 14th July, 2014, granted stay subject to deposit of entire amount of compensation. On 10th October, 2014, this Court granted extension to the appellant to deposit the amount. 2.

On 11th March, 2015, in the background of above, this Court condoned the delay.

3.

It is noticed that the earlier orders passed by this Court are not complied by the appellant as what is deposited in this Court is Rs.24,07,595/- and Rs.25,000/-, whereas under the award, the principal

(2) C.A.No.3283.15 amount that was ordered to be paid was Rs.34,39,385/-. 4.

When the above factual matrix was brought to the notice of the learned Counsel for the appellant, he has come out with a prayer to comply the said orders and for that purpose sought time of six weeks. 5.

In view of above submissions, learned Counsel for the appellant is permitted to deposit the amount as ordered by the Motor Accident Claims Tribunal, within a period of six weeks from today. The appeal stands admitted subject to above statement.

6.

If the balance amount as ordered is not deposited in this Court, within a period of six weeks from today, the appeal shall stand dismissed without reference to the Court.

7.

For the reasons stated in the application, the applicants are permitted to withdraw an amount of Rs.20 Lacs. 8.

Civil Application stands allowed in above terms. (N.W. SAMBRE, J.) amj