Shriram General Insurance Co. Ltd., Sitapur, Jaipur, Thr. Its Authorized Legal Officer v. Nilu Wd/O Vicky @ Dipesh Shivankar Alias Nilu D/O Madhukar Kambale And Others

25-CAF-502-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 502 OF 2024 IN FIRST APPEAL NO. 487 OF 2023 (Shriram General Insurance Co. Ltd. Vs. Nilu wd/o Vicky @ Dipesh Shivankar Alias Nilu D/ o Madhukar Kambale & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri H.N. Verma, Counsel for the appellant.

Shri R.M. Pande, Counsel for the applicants/respondent nos. 1 to 3.

.....

CORAM : ANIL L. PANSARE, J.

FEBRUARY 15, 2024.

This Court has vide order dated 24/7/2023 granted stay to the impugned award subject to depositing 50% of decreetal amount along with interest accrued thereon.

2] The learned Counsel for the appellant states that there is serious dispute about contributory negligence and, therefore, the Court has directed the appellant to deposit 50% of the compensation and not the entire compensation.

3] Perused the judgment and evidence.

Considering the same, it will be appropriate to permit the applicants to withdraw 75% of the amount deposited with the Registry upon furnishing an undertaking that in case the appeal is allowed, he will redeposit the amount with interest at such rate the Court may direct. Order accordingly.

4] The Civil Application is disposed of.

25-CAF-502-2024 FIRST APPEAL NO. 487/2023 5] Stand over to 29/2/2024.

(ANIL L. PANSARE, J.) Sumit