Reliance General Insu. Co. Ltd., Akola Branch Thr. Executive Legal, Nagpur v. Swapnil S/O Manik Tembre And Another

1 CAF 797.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.797/2021 in First Appeal No.281/2021 (Reliance General Ins. Co. Ltd V Swapnil Tembre and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Adv for appellant.

Ms Aastha Sharma, Adv h/f Shri P.R. Agrawal, Adv for resp. no.1. Shri Tajuddin Charaniya, Adv h/f Shri S.Z. Quazi, Adv for resp. no.2. CORAM : S.M. MODAK, J.

DATE : 05-04-2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate Shri Kukday for the appellant, learned Advocate Ms Sharma holding for Shri P.R. Agrawal, Advocate for original claimant/respondent no.1 and Shri Tajuddin Charaniya, Advocate holding for Shri S.Z. Quazi, Advocate for the owner/driver/respondent no.2.

3.

This is a injury claim. Compensation of Rs.31,07,200/- has been granted by the Tribunal. Insurance Company as well as the claimants are aggrieved by the said judgment. There is also cross appeal on behalf of claimant and an amount of Rs. 45,48,545/- is deposited by the Insurance Company. It is better to go as per the directions given by the Tribunal. Hence, the order :-

ORDER

(a) Office is directed to transfer 50% of Rs.45,48,545/- in the bank account of respondent no.1 along with

2 CAF 797.21 accrued interest on furnishing bank details and personal identification.

(b) Office is directed to invest the remaining amount as directed by the Tribunal.

(c) The respondent no.1 is directed to furnish an usual undertaking.

4.

Application is disposed of.

(S.M. Modak, J.) Deshmukh