United India Insurance Company Ltd. And Another v. Dhondubai Hiraman Chavan And Others

935-CA-13395-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 13395 OF 2018 IN FA/1541/2015 UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER

VERSUS

DHONDUBAI HIRAMAN CHAVAN AND OTHERS ...

Advocate for Applicants : Mr. S.S. Dargad h/f Mr. Chapalgaonkar S.G.

...

CORAM : P.R. BORA, J.

DATED : 30th OCTOBER, 2018.

PER COURT:- .

Heard Shri Dargad, the learned counsel for the applicants.

2.

It is brought to my notice that First Appeal No.1491 of 2015 and First Appeal No.1541 of 2015 are disposed of by common judgment and order passed by this Court on 21.09.2018. The copy of the judgment is placed on record. The insurance company is exonerated from the liability to indemnify the insured in both the appeals.

3.

The learned counsel submits that inadvertently the order permitting refund of the amount deposited by the insurance company is not passed in the aforesaid appeals. By filing the present application, the applicant-insurance

935-CA-13395-2018 .odt (2) company is seeking further order for refund of the said amount. In view of the submissions made, the following order is passed:

ORDER

i) The amount of compensation deposited by the insurance in First Appeal No.1541 of 2015 be refunded to the applicantinsurance company along with interest accrued thereon.

ii) The Civil Application stands disposed of.

(P.R. BORA, J.) Mujaheed//