Savita Bhagwanrao Dhale And ORS v. Icici Lombard General Insurance Company Ltd, Thr Its Legal Manager, Aurangabad And ANR

951 ca8989.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 8989 OF 2017 IN FAST/7915/2017 WITH CA/3729/2017 IN FAST/7915/2017 SAVITA BHAGWANRAO DHALE AND ORS

VERSUS

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, THR ITS LEGAL MANAGER, AURANGABAD AN ...

Advocate for Applicants : Mr. Mayure Pramod C Advocate for Respondents : Mr. A.G. Choudhari .....

CORAM : V. K. JADHAV, J.

DATED : 7th JULY, 2017 PER COURT:- 1.

Heard both sides.

2.

Considering the challenge made to the judgment and award passed by the Tribunal and the fact that the respondent insurer has challenged the award passed by the Tribunal only to the extent of quantum of compensation, the applicants are permitted to withdraw 50% of the amount, out of the amount deposited before this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this court. Civil application is accordingly disposed of. 3.

In civil application for condonation of delay, heard learned counsel for the applicant and learned counsel for respondents original claimants. None present for respondent Nos. 3 and 8 though

951 ca8989.17 -2duly served. For the reasons stated in the civil application, delay of 123 days caused in filing the first appeal is hereby condoned. Civil application is disposed of.

4.

In first appeal, issue notice to the respondents, returnable on 18.08.2017. Learned counsel waives notice for respondent Nos. 1 and 2 and 4 to 7. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/