Icici Lombard General Insurance Co Ltd v. Nitin Ashok Chavhan And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO.11653 OF 2023 IN FA/2368/2023 NITIN ASHOK CHAVHAN & ANOTHER

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO LTD & OTHERS ...

Advocate for the applicants : Mr.A.S.Gandhi Advocate for Respondent no.1 : Mr.S.S.Patil h/f. Mr.R.H.Dahat ...

WITH CIVIL APPLICATION NO.7373 OF 2023 IN FA/2368/2023 WITH FIRST APPEAL NO.2368 OF 2023 ...

ICICI LOMBARD GENERAL INSURANCE CO LTD

VERSUS

NITIN ASHOK CHAVHAN & OTHERS ...

Advocate for Applicant : Mr.S.S.Patil h/f. Mr.R.H.Dahat Advocate for Respondent nos.1 and 2 : Mr.A.S.Gandhi ...

CORAM :ARUN R. PEDNEKER, J.

DATE :20.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL

1] The present Civil Application is filed to withdraw the amount deposited by the Insurance Company in this Court.

2] The First Appeal is filed by the Insurance Company challenging grant of compensation to the original claimant. Ground of appeal is that the insured vehicle was not involved in the accident, however, the Tribunal on considering the evidence has held that the insured vehicle was involved in the accident and granted compensation. It is not disputed that the charge sheet is also filed against the driver of the offending vehicle.

3] In view of the same, the applicants are permitted to withdraw 50% amount deposited in this Court along with interest accrued thereon on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY The Insurance Company has deposited entire amount of award in this Court. In view of the same, the adinterim stay granted earlier by this Court is confirmed. Accordingly, Civil application is disposed of.

C] ORDER IN FIRST APPEAL 1] Heard. Appeal is Admitted.

2] On admission, Mr.A.S.Gandhi, learned counsel waives notice for the respondent nos.1 and 2. [ARUN R. PEDNEKER] JUDGE DDC