The Manager National Insurance Company Bhandra Branch v. Someshwar Dashrath Jibhkate And Others

1 caf3880.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.3880/2016 IN FIRST APPEAL ST. NO.18527/2016 [The Manager, National Insurance Company .vs. Someshwar Dashrath Jibhkate and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : KUM. INDIRA JAIN, J.

DATED : AUGUST 28, 2017.

CIVIL APPLICATION NO.2302/2017 Heard Shri Jibhkate, learned counsel for respondent nos.1 and 2, Shri Asawa h/f Shri Bhutada, learned counsel for respondent no.4 and Shri Zoting, learned counsel for appellant.

Respondent nos.1 and 2 are the parents of deceased Yogesh who died in a vehicular accident. Tribunal awarded compensation of Rs.3,00,000/- inclusive of no fault liability amount.

On perusal of impugned judgment and award, application is allowed. Respondent nos.1 and 2 are permitted to withdraw 50% of the amount on furnishing usual undertaking and remaining 50% on furnishing security to the satisfaction of the learned Registrar (Judicial).

Civil Application stands disposed of in above terms.

CIVIL APPLICATION NO.3880/2016 Heard.

For the reasons stated in the application, delay is condoned.

Civil Application stands disposed of.

2 caf3880.16.odt CIVIL APPLICATION NO.3881/2016 Heard.

Appellant has deposited the entire decretal amount.

Stay to effect and operation of impugned judgment and award passed vide order dated 20.12.2016 stands confirmed.

Civil Application stands disposed of.

JUDGE Gulande