M/S. Shriram General Insurance Co. Ltd. v. Rukhmini Nivrutti Surwase And ORS

1019 ca 14231.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1019 CIVIL APPLICATION NO. 14231 OF 2016 IN FAST/31667/2016 WITH CA/14232/2016 IN FAST/31667/2016 M/S. SHRIRAM GENERAL INSURNCE CO. LTD.

VERSUS

RUKHMINI NIVRUTTI SURWASE ND ORS ...

Advocate for Applicant : Chapalgaonkar S.G.

Advocate for Respondents : Sachin Katariya for R.1 & 2 ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard the learned counsel for the applicant and learned counsel for the respondent nos. 1 and 2. None appears for respondent no.3, though duly served.

2.

For the reasons stated in the civil application, delay of 83 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of. 3.

Heard. Issue notice to the respondents, returnable on 03.03.2017. Learned counsel Shri Sachin Katariya, waives for respondent original claimants 1 and 2. Call for record and proceedings.

4.

The learned counsel for the respondent-claimants submits that, the applicant-insurer has deposited only principal amount before the Commissioner and not deposited the interest

1019 ca 14231.16.odt and the penalty. The learned counsel for the applicant submits that, the applicant insurer is not liable to pay penalty, however, the learned counsel submits that, the applicant is ready to deposit the amount towards the interest within four weeks from the date of this order. Stand over to 03.03.2017.

(V.K. JADHAV) JUDGE mub