Godhambai Subhash Dhangar And Another v. The Manager Tata Aig General Insurance Company Limited And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO.17298 OF 2022 IN FA/1036/2022 WITH CA/6908/2022 IN FA/1036/2022 GODHAMBAI SUBHASH DHANGAR AND ANOTHER

VERSUS

THE MANAGER TATA AIG GENERAL INSURANCE COMPANY LIMITED AND ANOTHER ...

Advocate for Applicants : Mr. I. D. Nardde h/f A. J. Sawant Advocate for Respondent No.1 : Mr. S. S. Patil h/f Mr. R. H. Dahat ..

CORAM :

ARUN R. PEDNEKER, J.

DATE :

29/11/2023 PER COURT :

1.

Heard the learned Advocate appearing on behalf of respective parties.

2.

The appeal is 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, the applicants has produced order dated 27/09/2023 passed by this Court in the same incident. This Court permitted withdrawal of 50% of amount along with accrued interest in the connected matters. 4.

In view of the same the applicants are also permitted to

955 CA 17298-2022 withdraw 50% of the amount deposited along with interest accrued thereon till date by furnishing usual undertaking to the satisfaction of the Registrar Judicial of this court. The remaining amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till disposal of the First Appeal. Application for withdrawal of amount stands disposed of.

5.

In civil application 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 02/05/2022, in the application for stay, is confirmed. The application filed for Stay stands disposed of. 6.

The appeal is admitted.

7.

After admission of the appeal, the learned Advocate Mr. I.D.Nardde h/f Mr. A.S.Sawant waives service of notice on behalf of respondents.

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