Bombay High CourtCAF/742/2015ca disposed off

Bajaj Alianz General Insurance Co.Ltd. Akola Branch Thr. The Senior Executive v. Smt. Kiran Wd/O Manoj Mandhane And 8 Others

2016-08-26Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf742.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.742 OF 2015 IN FIRST APPEAL STAMP NO.4217 OF 2015 (Bajaj Allianz General Insurance Co. Ltd., Nagpur ..vs.. .Smt. Kiran wd/o Manoj Mandhane and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the applicant/appellant, Shri P.R. Agrawal, Advocate for the non-applicant/respondent Nos.1 to 3. CORAM : Z.A. HAQ, J.

DATED : 26-08-2016 For the reasons stated in the application, the delay of eight days in filing the appeal is condoned. The civil application is allowed.

First Appeal Stamp No.4217 of 2015.

The appeal is taken up for admission.

Heard.

Admit.

Call record and proceedings.

Shri P.R. Agrawal, Advocate waives notices for the respondent Nos.1 to 3.

The appellant shall file private paper-book within six months.

Civil Application No.743 of 2015 & Civil Application No.2978 of 2016.

As the amount is deposited by the applicant/

2 caf742.15 appellant, the execution of the impugned award shall stand stayed till the decision of the appeal. After deducting the share of the respondent Nos.8 and 9 as per the order of the Tribunal, from the balance amount the respondent Nos.1, 2 and 3 will be entitled for 1/3rd share each. The respondent Nos.2 and 3 being minors, they are not permitted to withdraw amount of their share at this stage. Out of 1/3rd share of the respondent No.1, she be given Rs.25,00,000/- unconditionally.

The balance amount be kept in fixed deposit in a nationalised bank. The claimants are at liberty to make application for further withdrawal if necessary. The civil applications are disposed in the above terms.

JUDGE adgokar

3 caf742.15 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 29-08-2016.

P.A. to Hon'ble Judge.