The Divisional Manager, The New India Assurance Co. Ltd. Mumbai Thr. Nagpur D.O. v. Meenabai Wd/O Anand Bharne And Another

CAF272.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF No. 272/2017 in FA St.No. 1251/2017 The Divisional Manager, the New India Assurance Co.Ltd. Vs.

Meenabai wd/o Anand Bharne and another.

__________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr.A.W.Paunikar, Advocate for applicant.

Mr.P.S.Mirache, Advocate for R.No.1.

CORAM : N.W.SAMBRE, J.

DATE :

APRIL 05, 2017 For the reasons stated in the application and as the contents thereof are not controverted by the respondents, the delay in preferring the appeal stands condoned.

The application stands disposed of.

First Appeal St.No.1251/2017 Heard.

In view of the pendency of the issue qua applicability of multiplier i.e. whether the age of the claimant or the victim is required to be taken into account is referred to the Division Bench and the same is pending.

In my opinion, it will be appropriate to admit the appeal. Hence, Admit.

CAF272.17 Call R & P.

Shri P.S.Mirache, learned counsel waive service on behalf of respondent no.1.

The appellant to file paper book within a period of 12 weeks from today, failing which the appeal shall stand dismissed without further reference to the Court.

Shri Paunikar, learned counsel for the appellant has brought to my notice order dated 15.03.2017 whereby the claimant is permitted to withdraw an amount of Rs.10,00,000/- (Rs. Ten lakhs). Balance amount, in my opinion, is required to be deposited in fixed deposit of a Nationalized bank initially for a period of three years.

Stay to the execution is continued.

JUDGE Andurkar..