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Bombay High CourtCA/10513/2018disposed off

Kantabai Vishnu Sathe And ORS v. The United India Insurance Co. Ltd., Thr Its Branch Manager, Parbhani And ANR

2025-03-03Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 52- FA-1648-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 FIRST APPEAL NO. 1648 OF 2017 WITH CIVIL APPLICATION NO. 10513 OF 2018 IN FA/1648/2017 THE UNITED INDIA INSURANCE CO. LTD. THR ADMIN. OFFICER MAHENDRA PRATAPSINGH VIRAT ....Appellant

VERSUS

KANTABAI VISHNU SATHE AND ORS .....Respondents .....

Advocate for Appellant : Mr. Totala Rameshwar F. Advocate for Respondent Nos. 1 to 4 : Mr. Pramod C. Myure ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : MARCH 03, 2025 ORDER:- IN CIVIL APPLICATION NO. 10513 OF 2018 :

1.

The application for withdrawal of amount is pending. However, the record shows that the appellant/Insurance Company has deposited only statutory deposit of Rs. 25,000/- Moreover, it appears that the appellant/Insurance Company has only disputed the grant of compensation, to the extent of Rs. 6,30,000/-. The rest of the compensation amount is already withdrawn by the respondents/claimants from the concerned Motor Accident Claim Tribunal . Now the learned counsel for the appellant/ Insurance Company seeking time to

(2) 52- FA-1648-2017.odt verify that the aforesaid amount of Rs. 6,30,000/- is deposited with the concerned Motor Accident Claim Tribunal as per the direction of this Court. Admittedly, the said amount is not deposited in this Court. As such, the application for withdrawal of amount filed by the claimants has lost its significance and therefore, it stands disposed off. IN FIRST APPEAL NO. 1648 OF 2017 :

2.

The learned counsel for the respondents/claimants submitted that, the respondents have also filed another appeal for enhancement and it has to be heard along with this appeal. 3.

As such, the present appeal is fixed for final hearing along with the connected FAST 13290/2017 and CA No. 9059 of 2017 on 3rd April, 2025.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni