Reliance General Insurance Co. Ltd. Through Its Manager v. Yakubsha S/O Aabidsha And 2 Other

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.60/2019 IN CIVIL APPLICATION (CAF) NO.718/2018 IN FIRST APPEAL ST. NO.23318/2014 Reliance General Insurance Co. Ltd. Nagpur through its Manager ...Versus...

Yakubsha s/o Aabidsha 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 D.N. Kukday, Counsel for applicant/appellant Shri P.R. Agrawal, Counsel for respondent no.1 CORAM : ARUN D. UPADHYE, J.

DATE : 10/01/2019 Heard.

Perused the application. It appears that the appellant/Insurance Company has deposited the amount on 2/12/2017 vide Pursis St. No.15478/2017. However, this fact was not brought to the notice of this Court and therefore, stay was vacated by the order dated 8/1/2018. Considering the above facts and circumstances, I am of the view that the stay granted by the order 10/11/2017 could be made continued. Hence, the following order.

The civil application is allowed. The order dated 8/1/2018 is modified. The stay to the effect and operation of the impugned award, granted by this Court on 10/11/2017, is continued.

The civil application stands disposed of accordingly.

CIVIL APPLICATION (CAO) NO.59/2019 Heard.

This is an application filed by the applicant/respondent no.1 for withdrawal of amount deposited by the appellant in this Court.

Perused the impugned judgment and award. The respondent no.2 - owner of the vehicle is directed to pay the compensation with interest to the claimant. However, subsequent directions are given that the appellant/Insurance Company shall satisfy the claim at first instance and then recover the same from the owner of the vehicle. Considering the above facts and circumstances of the case, the civil application is allowed. The respondent no.1 - claimant is allowed to withdraw 50% of the amount deposited by the appellant in this Court, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) that in case the appeal is allowed, he shall refund the amount with interest.

The civil application stands disposed of accordingly.

The appellant/Insurance Company to take steps for service on the respondent nos.2 and 3.

JUDGE Wadkar, P.S.