Meera Ravindra Gaikwad And ORS v. The Manager New India Assurance Co Ltd

2024:BHC-AUG:8080 10-CA-3164-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3164 OF 2024 IN FAST/1314/2024 MEERA RAVINDRA GAIKWAD AND OTHERS

VERSUS

THE MANAGER NEW INDIA ASSURANCE CO LTD ...

Advocate for Applicant : Mr. Supriya Dilip Gandhi Advocate for Respondent No.1 : Mr. M. M. Ambhore ...

WITH CIVIL APPLICATION NO. 1406 OF 2024 IN FAST/1314/2024 WITH CIVIL APPLICATION NO. 1407 OF 2024 IN FAST/1314/2024 ...

CORAM : S. G. MEHARE, J.

DATE : 12-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and learned counsel for respondent No.1/appellant.

2.

The appellant has opposed the application only for the reason that there was delay in lodging the first information report. However, on appreciating the evidence, learned Tribunal has granted the compensation.

3.

Considering the grounds raised in the appeal, the application deserves to be partly allowed. Hence, the order:-

ORDER

i) The application is partly allowed.

ii) The applicants are allowed to withdraw 60% of the amount deposited with this Court, with accrued interest, on furnishing undertaking that they would deposit amount, if the impugned judgment and award is reversed.

iii) The amount be apportioned equally amongst the applicants. ( S. G. MEHARE, J. ) rrd