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Bombay High CourtCAF/10/2025ca disposed off

Shriram General Insurance Co. Ltd., Nagpur v. Mr. Vikram @ Vitthal Gajanan Shevane And Others

2025-01-21Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

25-FA-2-25.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.02 OF 2025 Shriram General Insurance Co. Ltd. Nagpur -vsMr Vikram @ Vitthal Gajanan Shevane, Anjangaon Surji, Dist. Amravati and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri H. N. Verma, Advocate for appellant.

CORAM : MRS VRUSHALI V. JOSHI, JJ.

DATE : January 21, 2025 1.

Issue notice to the respondents, returnable on 24/03/2025. Civil Application (CAF) No.10/2025 2.

The appellant who is an Insurance Company has challenged the order passed by the Motor Accident Claim Tribunal Amravati in Claim Petition No.127/2014 whereby compensation of Rs.8,69,867/- came to be awarded to the claimant.

3.

The Tribunal has awarded the said compensation considering the involvement of both the vehicles, the one which is insured with the appellant and the other with the New India Assurance Company Ltd. It is urged that 50% of the compensation amount is liable to be mentioned towards the liability of the appellant however, apportionment is not mentioned in the operative part of the order. The appellant whose liability is 50%, is ready to deposit 50% of the amount of compensation in this Court for grant of stay to the effect, operation and execution of the impugned judgment and award. 4.

On the appellant's depositing 50% of the amount of compensation in this Court within a period of eight weeks from today, the effect, operation and execution of the impugned award shall remain stayed during pendency of the appeal.

5.

Civil Application is disposed of.

(Mrs Vrushali V. Joshi, J.) Asmita