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Bombay High CourtFA/3154/2009dismissed for nonprosecutiondefault at admission stage

Tata Aig General Insurance Company Ltd Throughauthorized Officer v. Smt Surayya Bano Mohdroshan And ORS

2021-02-25Hon'Ble Shri Justice V.K. Jadhav2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3154 OF 2009 WITH CA/13142/09 IN FA/3154/09 TATA AIG GENERAL INSURANCE COMPANY LTD.

VERSUS

SURAYYA BANO MOHD. ROSHAN AND OTHERS ...

Advocate for Appellant : Mr. S. G. Chapalgaonkar. Advocate for Respondent Nos.1 to 5 : Mr. S. R. Pande. Advocate for Respondent No.6 : Mr P. V. & V. R. Langhe. ...

CORAM : V. K. JADHAV, J.

DATE : 25.02.2021 PER COURT :- 1.

The learned counsel for appellant, on instructions, seeks leave to withdraw the First Appeal.

2.

Leave granted.

3.

First Appeal is dismissed as withdrawn.

4.

The appellant-insurer has deposited the amount before this Court, in terms of the interim order. In view of the withdrawal of the appeal, the respondents-claimants are entitled to withdraw the said amount of compensation deposited before this Court along with the interest accrued thereon.

5.

Needless to say that since the appeal is withdrawn, the judgment and award passed by the Motor Accident Claims Tribunal stands confirmed and the respondents-claimants are entitled for the amount of compensation as awarded by the Tribunal.

6.

Refund the court fees as per rules.

7.

Civil Application is also disposed off accordingly. (V. K. JADHAV, J.) ...

vmk/-