Shri.Maruti Baburao More And ANR. v. The New India Insurance Co.Ltd.

Shridhar Sutar 1 12-caf-3946.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3946 OF 2014 WITH CIVIL APPLICATION NO. 1853 OF 2017 IN FIRST APPEAL NO. 847 OF 2017 The New India Insurance Co. Ltd.

... Applicant /Appellant

Versus

Maruti Baburao More and others ... Respondents .....

Mr. S.M. Dange, Advocate for the Applicant/Appellant. Mr. A.P. Shinde, Advocate for the Respondents and for Applicants in CA No.1853 of 2017.

.....

CORAM : A. S. CHANDURKAR, J.

DATE : 5th DECEMBER, 2018.

P. C.:

CIVIL APPLICATION NO. 3946 OF 2014 1.

As the applicant/appellant has deposited the entire amount of compensation, the execution of the impugned award shall remain stayed during pendency of the appeal.

2.

The civil application stands disposed of.

Shridhar Sutar 2 12-caf-3946.14.doc CIVIL APPLICATION NO. 1853 OF 2017 1.

Heard learned Counsel for the parties.

2.

Perused the impugned judgment and award. In the facts of the case the claimants are permitted to withdraw 50% of the amount of compensation as deposited. The claimants shall file undertaking within eight weeks from today that if the appeal is allowed, the amount so withdrawn shall be repaid with interest at such rate the Court may direct. The remaining amount shall be invested in a fixed deposit.

3.

The civil application is disposed of.

( A. S. CHANDURKAR, J. )