Gajanan Pralhad Jadhav And ORS v. Cholamandalam General Insurance Co. Ltd., And ORS

1 7825-2019-946

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7825 OF 2019 IN FAST/37192/2018 GAJANAN PRALHAD JADHAV AND OTHERS

VERSUS

CHOLAMANDALAM GENERAL INSURANCE CO. LTD., AND OTHERS ...

Advocate for Applicants : Mr. Surendra V. Suryawanshi Advocate for Respondent no. 1 : Mr. S.S. Dargad h/f. Mr. S.G. Chapalgaonkar Advocate for respondents no. 2 and 7: Mr. A.G. Vasmatkar ...

CORAM : ANIL S. KILOR, J.

DATE : 18-03-2021 ORDER :

1.

The applicants-claimants are praying for withdrawal of the amount deposited by the Insurance Company towards the compensation. 2.

50% of the amount is deposited by Insurance Company towards total amount of compensation granted by the Tribunal. The Insurance Company has preferred the Appeal which was filed along with the Application (CA/14766/2018) for delay of 320 days caused in filing the Appeal. This Court on 12-12-2019 allowed said Application for condonation of delay and condoned delay on the condition that the Insurance Company shall pay Rs.5000/- to respondents no. 1 to 4 within four weeks from that date. As the Insurance Company has failed to deposit the amount of costs, the order condoning the delay stood recalled.

3.

In that view of the matter, more particularly looking to the casual approach of the Insurance Company in this matter, the Application is allowed. The applicants are permitted to withdraw the amount deposited by the Insurance Company. Civil Application is disposed of. [ ANIL S. KILOR ] JUDGE arp/