Reliance General Insurance Company Ltd. Nagpur Through Its Divisional Manager v. D. Rashmi Wd/O Kamlesh Naidu And Others

1 caf399.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.399/2018 IN FIRST APPEAL STAMP NO.26948/2017 Reliance General Insurance Company Ltd., Nagpur ..Vs..

D. Rashmi Wd/o Kamlesh Naidu 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 H.N. Verma, Advocate for the appellant.

CORAM : Z.A. HAQ, J.

DATE : 17.4.2018.

Heard.

Accepting the explanation given in the application, delay of 114 days in filing appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.26948/2017 Issue notice for final disposal returnable on 18th July, 2018.

Shri Asgar Hussain, Advocate waives notice for respondent Nos.1 to 3.

C.A.F. NO.400/2018 As per the order dated 12th February, 2018 the appellant / insurance company has deposited 75% of the awarded amount. Interim order granted by this

2 caf399.18 Court shall continue until further orders.

Considering the nature of defence of the appellant / insurance company and the facts of the case, it is directed that respondent No.1 - D. Rashmi Wd/o Kamlesh Naidu be given Rs.12,00,000/- (Rs. Twelve Lakhs) and respondent No.3 - D. Tushar S/o Kamlesh Naidu be given Rs.12,00,000/- (Rs. Twelve Lakhs) from the amount deposited by the appellant / insurance company. The balance amount be kept in nationalized bank until further orders. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.