Jyoti Shivajirao More v. The Royal Sundaram General Insurance Company Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.14631 OF 2023 IN FA/1133/2023 WITH CA/3573/2023 IN FA/1133/2023 JYOTI SHIVAJIRAO MORE

VERSUS

THE ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD ...

AND 956 CIVIL APPLICATION NO.14672 OF 2023 IN FA/1132/2023 WITH CA/3572/2023 IN FA/1132/2023 JYOTI SHIVAJIRAO MORE

VERSUS

THE ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD ...

Advocate for Applicant : Mr. Patil Shrikant S. Advocate for Respondent : Mr. M. R. Deshmukh ...

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 appeals are filed by the Insurance Company against the order of the Tribunal on the ground of quantum of compensation granted by the Tribunal and also on the ground of contributory negligence of the deceased.

3.

In application for withdrawal of amount, without going into the

953 CA 14631-2023 merits of the matter, I deem it appropriate to allow the application as per prayer clauses 'B' and 'C', subject to filing of undertaking to the satisfaction of the Presiding Officer of the Motor Accident Claim Tribunal, Dhule. The amount be transmitted to Motor Accident Claim Tribunal, Dhule. The applications for withdrawal of amount stand disposed of.

4.

In civil applications 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 16/03/2023, in the applications for stay, is confirmed. The applications filed for Stay stand disposed of. 5.

The appeals are admitted.

6.

After admission of the appeals, the learned Advocate Mr. Shrikant Patil waives service of notice on behalf of respective respondents.

( ARUN R. PEDNEKER, J. ) vj gawade/-.