Bombay High CourtCAF/4877/2017admittedallwdgrantedrule absolute

National Insurance Co. Ltd. Nagpur Through The Regional Manager v. Smt. Sangita Wd/O Narendra Palandurkar And Others

2018-04-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf4877.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO. 4877/2017 IN FIRST APPEAL (ST) NO. 26887/2017 NIC Ltd.

..VS..

Smt. Sangita Wd/o Narendra Palandurkar & ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Advocate for the appellant(s) CORAM : Z.A.HAQ, J.

DATED : 20/04/2018 Accepting the explanation given in the application, delay of 179 days in filing the appeal is condoned.

The civil application is allowed accordingly. No costs.

FIRST APPEAL (ST) NO. 26887/2017 Taken up for hearing on admission.

Heard.

ADMIT.

Shri N. Jetha, Advocate waives notice for the respondent nos. 1 to 5.

Call R. & P.

The appellant shall file private paper book within six months.

The respondent no. 6 is served with the notice of

2 caf4877.2017 C.A.F. No. 4877/2017 and is aware about the pendency of these proceedings. Fresh notice of the appeal to the respondent no. 6 is not required.

C.A.F. No. 4878/2017 and C.A.F. No. 1275/2018 The appellant-Insurance Company has deposited the amount as per the impugned award.

The interim order granted on 21/12/2017 to continue until further orders.

Considering the facts of the case, it is directed that 10% of the amount deposited by the appellant-Insurance Company be given to the respondent nos. 4 and 5 by transmitting the amount in their joint account. 40% of the amount deposited by the appellantInsurance Company be given to the respondent no. 1 for herself and for the respondent nos. 2 and 3.

Balance 50% of the amount be invested in fixed deposit in nationalized bank until further orders. The civil applications are allowed in the above terms.

JUDGE Ansari