Divional Manager New India Insurance (Corrected As Assurance) Company Ltd v. Lata Bandu Sonwane And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.12882 OF 2023 IN FAST/22258/2023 WITH CA/9040/2023 IN FAST/22258/2023 WITH CA/9041/2023 IN FAST/22258/2023 LATA BANDU SONWANE AND ORS

VERSUS

SANJAY PRABHAKAR SHERKAR AND ANR ...

Advocate for Applicants : Mr. Dhakane Rajendra Babaji Advocate for Respondent No.2 : Mr. S. S. Dande Advocate for Appellant in Appeal: Mr. S. R. Badade ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

The present first appeal is filed by the Insurance Company on the ground of contributory negligence.

2.

The application is filed for withdrawal of amount of compensation. Heard the learned Advocate for the respective parties. The claimants are permitted to withdraw 50% of the compensation amount deposited in this Court along with accrued interest thereon till date subject to satisfaction of the Registrar Judicial of this Court. Withdrawal is granted as per their respective shares granted by the Tribunal. In view of the above, application for withdrawal of amount is

933 CA 12882-2023 disposed of.

3.

The civil application is filed for condonation of delay of 14 days caused in filing the appeal. For the reasons stated in the application, the said application is allowed and disposed of. 4.

In civil application filed for Stay, the learned Advocate for the applicants submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 24/07/2023, is confirmed. The application filed for Stay stands disposed of. 5.

The appeal is admitted.

6.

After admission, the learned Advocate Mr. R. B. Dhakane waives service of notice on behalf of respondents No.1 to 4. ( ARUN R. PEDNEKER, J. ) vj gawade/-.