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Bombay High CourtCAF/2080/2022ca disposed off

Icici Lombard General Insurance Co. Ltd. Nagpur Through Its Branch Manager v. Smt. Sangita Pramod Dharme And Others

2022-09-23Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 941caf2080.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2080 OF 2022 IN FIRST APPEAL NO.647/2022 (DECIDED) WITH CIVIL APPLICATION [CAO] NO.701 OF 2022 IN CROSS-OBJECTION NO.09 OF 2022 [DECIDED] [ICICI Lombard General Insurance Company Limited .vs. Smt. Sangita Pramod Dharme 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 Chandrakant Bailmare, Advocate holding for Shri Feroz I. Khan, Advocate for appellant, Smt. N.M. Masurkar, Advocate for respondent nos.1 to 4, Smt. Ashwini Athalye, Advocate for cross-objector /R-8. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATED : 23/09/2022.

Present applications are filed for speaking to minutes as there is some clarification required in the judgment passed by this Court dated 05.08.2022. 2.

By this order, apportionment of inter se liability between two insurance companies was decided. It is clarified that the cross-objector-company deposited fifty percent amount of compensation before the learned Motor Accident Claims Tribunal, Nagpur whereas fifty percent deposited in this Court. As such, the entire amount deposited in this Court is to be refunded to the crossobjector-company and as it is informed that the claimants have already withdrawn fifty percent of amount deposited

2 941caf2080.22.odt by the cross-objector before the learned Tribunal, they are entitled to receive only fifty percent amount of compensation deposited by the appellant-insurance company.

3.

With this clarification, both the applications stand disposed of. Nazar of this Court to take note and disburse the amount as stated earlier.

[SMT. M.S. JAWALKAR, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur