Pawankumar Omprakash Jangid And ANR v. Raju Prabhakar Bhoyar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.13444 OF 2023 IN FAST/22732/2023 WITH CA/9241/2023 IN FAST/22732/2023 WITH CA/9242/2023 IN FAST/22732/2023 PAWANKUMAR OMPRAKASH JANGID AND ANR

VERSUS

RAJU PRABHAKAR BHOYAR AND ORS ...

Advocate for Applicants : Mr. Mayure Pramod C. Advocate for Respondent No.3 : Mr. A. S. Usmanpurkar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

The present 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.

2.

The application is filed for withdrawal of amount of compensation. Without going into merits of the matter, I deem it appropriate to allow the applicants to withdraw Rs.4 lakh rupees along with accrued interest thereon till date subject to filing of undertaking to the satisfaction of the Registrar (Judicial) of this Court. The application for withdrawal of amount stands disposed of. 3.

In application for condonation of delay of 142 days caused in

954 CA 13444-2023 filing the appeal, for the reasons stated in the application the said application is allowed and disposed of.

4.

In application filed for stay to the award passed by the Tribunal, the learned Advocate for the appellant 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 11/08/2023, is confirmed. The application filed for Stay stands disposed of.

5.

The appeals are admitted.

6.

After admission of the appeal, the learned Advocate Mr. P. C. Mayure waives service of notice on behalf of respective claimants. ( ARUN R. PEDNEKER, J. ) vj gawade/-.