National Insurance Co. Ltd. Through Its Authorized Officers, Nagpur Thr. B. M. Chandrapur v. Asha W/O Pandurang Madavi And 2 Others

22.FA.367.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.780/2020 IN First Appeal No.367/2021 National Insurance Co.Ltd., through its Authorized Officers, Nagpur Vs. Asha W/o Pandurang Madavi and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri M.A. Kadu, Advocate for appellant.

Shri Gedam, Advocate, h/f Shri S.O. Ahmed, Advocate for respondent Nos.1 and 2. CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : 6 th JANUARY, 2022.

Learned counsel for the applicant states that the entire compensation amount along with interest has been deposited before this Court. In view of the said statement, execution and implementation of the impugned judgment is stayed pending hearing of the appeal. The application is disposed of.

CIVIL APPLICATION NO.26 OF 2022 By this application, the respondent Nos.1 and 2, the original claimants, have sought withdrawal of the compensation amount deposited by the appellant/Insurance Company.

For the reasons stated in the application, the respondent Nos.1 and 2 are permitted to withdraw 50 % of the compensation along with proportionate interest accrued thereon.

The application is disposed of.

FIRST APPEAL NO.367 OF 2021 Learned counsel for the appellant states that the challenge is restricted to

22.FA.367.2021.

2/2 the quantum of compensation and that no statutory defence is raised. Hence, notice to respondent No.3 is dispensed with.

Stand over after three weeks.

(SMT. ANUJA PRABHUDESSAI, J.) nd.thawre DOMAJI THAWRE 18:37