Bombay High CourtCAF/3281/2016admittedallwdgrantedrule absolute

The Branch Manager National Insurance Co. Ltd., Nagpur v. Smt. Vaishali Wd/O Vijaykumar @ Vijay Dhepe And Others

2017-01-27Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 caf3281.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No. 3281 of 2016 In FA (St) No. 19127/16 The BM, National Insurance v. Smt Vaishali and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amit Kukday, Advocate for applicant Shri H. D. Futane, Advocate for respondents no. 1 to 3 Shri K. N. Dadhe, Advocate for respondents no. 4, 5, 7 and 8 Coram : A. S. Chandurkar, J Dated : January 27, 2017 Considering reasons mentioned in the application, the delay in filing First Appeal stands condoned. Civil Application is allowed and disposed of.

FA (St) No. 19127/16 :

Heard. Admit.

Call for Record and Proceedings.

Shri H. D. Futane, learned counsel waives notice for respondents no. 1 to 3. Shri K. N. Dadhe, learned counsel waives notice for respondents no. 4, 5, 7 and 8. CAF No. 3282 of 2016 : As the applicant/ appellant has deposited the entire amount of compensation in this Court, the effect and operation of the impugned Award shall remain stayed during the pendency of the appeal. Civil Application is disposed of.

CAF No. 99 of 2017 : By this application, the claimants no. 1,2 and 3 who are the widow and children of the deceased, seek permission to withdraw the amount of compensation as awarded by the Claims Tribunal. The application is opposed by the learned counsel for the appellant on the ground that the driver of the vehicle

2 caf3281.16 was not authorized to drive the offending vehicle. Perused the impugned judgment. For the present, the claimants no. 1 to 3 are permitted to withdraw amount of Rs. 300,000/- each subject to their furnishing an undertaking that in case the appeal is allowed, the amount shall be repaid with interest at such rate as the Court may direct. Civil Application is disposed of.

JUDGE joshi