Icici Lombard General Insurance Co. Ltd. Thr. Manager, Shri. Ashay Mahajan, Nagpur v. Basantibai Wd/O Arun Gujwar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 1967 of 2016 IN First Appeal St. No. 11513 of 2016 [I.C.I.C.I. Lombard Gen. Insurance Co. Ltd. Vs. Basantibai Arun Gujwar & others] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R. D. Bhuibhar, Adv., for the applicant.

Ms. Pathade, Adv., for respondent nos. 1 to 4. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

15th February, 2017 Considering the reasons mentioned in the application, the delay in filing the First Appeal stands condoned.

Civil Application is allowed and disposed of. -0-0-0First Appeal St. No. 11513/2016 :

Heard.

Admit. Call for Record & Proceedings.

Ms. Pathade, learned counsel, waives notice on behalf of respondent nos. 1 to 4.

-0-0-0Civil Applcation No. 1938 of 2016 :

As the appellant has deposited the entire amount of compensation in this Court, the execution of the impugned Award shall remained stayed during pendency of the appeal.

Civil Application is disposed of.

-0-0-0Civil Application No. 1735 of 2016 :

The claimants seek permission to withdraw the amount of compensation.

Perused the Judgment of the Claims Tribunal In the facts of the case, the claimants are permitted to withdraw fifty per cent of the amount of compensation deposited in this Court 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. Remaining amount shall be invested in fixed deposit.

Civil Application is disposed of.

Judge ||hedau|