Bombay High CourtFA/775/2018disposedoff

Icici Lombard General Insurance Co. Ltd., Thr. Its Manager, Dadasaheb Dattu Tarate, Nagpur v. Vimal Wd/O Dnyaneshwar Jadhav And Others

2019-09-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 fa775.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1079/2019 IN FIRST APPEAL NO.775/2018 ICICI Lombard General Insurance Co. Ltd.

..Vs..

Vimal Wd/o Dnyaneshwar Jadhav and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashwini Athalye, Advocate for the appellant. Ms. M.H. Pathade, Advocate for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE, J.

DATED : 16.9.2019 1] Delay of 7 days in preferring an application for restoration of appeal against the respondent No.3 is condoned. Civil application is allowed. No costs. FIRST APPEAL NO.775/2018 2] The learned Counsel for the appellant submits that the prayer made in the appeal since is not of much consequences against the respondent No.3, service on respondent No.3 be dispensed with. Hence, the service to respondent No.3 is dispensed with. The appeal is taken up for final disposal by consent.

4] By the order impugned dated 28th June, 2016 the directions issued to the appellant / insurance company for payment of no fault liability to the tune of

2 fa775.18 Rs.50,000/- is under challenge.

4] I am informed that the claim petition is still pending.

4] In view of the above, the amount of no fault liability deposited in this Court is relegated to the Court taking up the claim petition. The amount be transferred within a period of four weeks from today.

5] The Tribunal shall deal with the prayer for withdrawal of the amount keeping in mind that at the time of final disposal an order to the effect pay-n-recover can be passed. The appeal stands disposed of accordingly. No costs.

JUDGE Tambaskar.