Shahedkhan Kasam Pathan v. United India Inunited Surance Co Ltd Through It S Branch Manager And ORS

2023:BHC-AUG:25957

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.14601 OF 2023 IN FA/13/2023 WITH CA/193/2023 IN FA/13/2023 SHAHEDKHAN KASAM PATHAN

VERSUS

UNITED INDIA INSURANCE CO LTD THROUGH IT S BRANCH MANAGER AND ORS ...

Advocate for Applicant : Mr. Dargad Swapnil Sunilkumar Advocate for Respondent No.1 : Mr. A. D. Dale h/f Mr. S. S. Rathi ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08/12/2023 PER COURT :

1.

Heard the learned Advocate appearing on behalf of respective parties.

2.

The present appeal is filed by the Insurance Company against the order of the Tribunal on the ground of quantum of compensation granted by the Tribunal. The claimant's claim is of Rs. 9,00,000/- the tribunal had granted compensation of Rs.8,26,000/-. The appellant Insurance Company had accepted the liability of Rs.5,56,000/- and challenging the rest of the quantum awarded by the tribunal. 3.

In Civil Application No.14601/2023 filed for withdrawal of amount, without going into the merits of the matter, I deem it appropriate to allow the applicant to withdraw 5,56,000/-of the

946 CA 14601-2023 deposited compensation amount along with accrued interest thereon till date subject to filing of undertaking to the satisfaction of the Registrar Judicial of this Court. Application for withdrawal of amount stands disposed of.

4.

In Civil Application No.193 of 2023 filed for Stay, the learned Advocate for the applicant 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 07/01/2023, is confirmed. The application filed for Stay stands disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-.