Bombay High CourtCAF/254/2019ca disposed off

Icici Lombard General Insurance Co. Ltd. Mumba Through Its Manager, Nagpur, Ashay Mahavir Mahajan, v. Rahul Pandurang Todase And Others

2019-12-03Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF254.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) No. 254 OF 2019 IN FIRST APPEAL NO. 1107 OF 2018 ICICI Lombard General Insurance Co. Ltd. Thr. Its Manager ..vs..

Rahul Pandurang Todase 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 Amod Bhole, Adv. for appellant.

Ms. Pathade, Adv. h/f Shri P.S.Mirache, Adv. for respondent nos. 1 to 3.

Shri S.K. Bhandarkar, Adv. for respondent no. 4. CORAM : VINAY JOSHI, J.

DATED : 3 rd DECEMBER, 2019 Heard.

The appellant-Insurer is seeking stay to the impugned award. It is submitted that appellant is already deposited entire decreetal amount. In view of that execution of impugned judgment and award is stayed till the final disposal of appeal.

Civil Application stands disposed accordingly. FIRST APPEAL NO. 1107 OF 2019 Heard.

Admit.

2 CAF254.19 Learned Counsel Ms. Pathade, Adv. holding for learned Counsel Shri P.S. Mirache waives notice for respondent nos. 1 to 3. Learned Counsel Shri S.K. Bhandarkar waives notice for respondent no.4. It is informed that, one connected appeal bearing no. 1330 of 2019 arsing out of same accident, is pending. In view of that, list both the appeals together. Stand over to 21.01.2020.

CIVIL APPLICATION (CAF) NO. 4035 OF 2019 Heard.

The respondent nos. 1 to 3 (claimants) are seeking permission for withdrawal of compensation amount tuning Rs.25,67,536/-(Rupees Twenty Five Lakh Sixty Seven Thousand Five Hundred and Thirty Six only) as deposited by the appellant in Court.

Having regard to the reasons mentioned in the application, the respondent nos. 1 to 3 are permitted to withdraw 50 percent amount in equal proportion as directed by the Tribunal on furnishing usual undertaking before the Registrar(Judicial). The amount be disbursed separately to respondent nos. 1 to 3.

Civil application stands disposed accordingly. JUDGE Trupti