Icici Lombard General Insu. Co. Ltd., Mumbai, Thr. Its Manager (Legal), Nagpur v. Vijubai Wd/O Mangal Kurve And Others

45-CAF-459-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 459 OF 2024 IN FIRST APPEAL NO. 1046 OF 2023 (ICICI Lombard General Ins. Co. Ltd., through its Manager Vs. Vijubai wd/o Mangal Kurve & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.V. Pande, Counsel for the appellant.

Shri K.P. Mirache, Counsel for the applicants/respondent nos. 1 to 3.

.....

CORAM : ANIL L. PANSARE, J.

MARCH 21, 2024.

By this application, the applicants/ respondent nos. 1 to 3 - claimants, seek permission to withdraw the amount of compensation deposited by the appellant.

2] Perused the impugned judgment.

Considering the nature of evidence on record, the claimants are permitted to withdraw 50% of the amount of compensation on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct.

3] The Civil Application is disposed of.

FIRST APPEAL NO. 1046/2023 4] Heard.

5] Admit.

6] Shri K.P. Mirache, learned Counsel waives notice for respondent nos. 1 to 3.

45-CAF-459-2024 7] Call R & P.

8] Registry to process the appeal for final hearing as per Rules.

(ANIL L. PANSARE, J.) Sumit