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Bombay High CourtIA/11382/2024disposed off

The Icici Lombard General Insurance Company Limited, Thane v. Shri. Sachin Bachchan Singh And ANR.

2024-10-17Hon'Ble Shri Justice Rajesh S. Patil3 pages

LSP 1 907 ia 13978.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1312 OF 2024 WITH INTERIM APPLICATION NO.11382 OF 2024 The ICICI Lombard General Insurance Company Limited ...Appellant/Applicant V/s.

Shri.Sachin Bachchan Singh and Anr.

...Respondents

With Interim Application No.13978 of 2024 Digitally signed by LATA SUNIL PANJWANI Date:

2024.10.23 13:19:44 +0530 In First Appeal No. 1312 of 2024 Shri Sachin Bacchan Singh ...

Applicant LATA SUNIL PANJWANI In the matter between ICIC Lombard General Insurance Company ...

Appellant V/s.

Shri Sachin Bacchan Singh and anr.

...

Respondents.

CORAM : S.M. MODAK, J DATE : 17 October 2024.

P.C. :

Heard learned Advocate Shri.Joshi for the Appellant Insurance Company.

2.

Issue notice before admission to Respondents returnable on 12th December 2024.

LSP 2 907 ia 13978.24.doc 3.

There is already withdrawal Application bearing No.13978 of 2024 filed by the Claimant. However, no one is present. Copy be served on him.

4.

Call Record and Proceeding.

5.

Compilation be filed till next date.

6.

Stay is granted to the execution of Award subject to deposit of awarded amount along with interest within a period of six (6) weeks. 7.

Matter is kept back.

Later on:- Interim Application No.13978 of 2024 (for withdrawal) In First Appeal No. 1312 of 2024 8.

I have heard learned Advocate for the Claimant-Respondent No.1 and learned Advocate for the appellant Insurance Company. The claimant-injured was a passenger in a Qualis four wheeler. It dashed another vehicle insured with the appellant. There is an FIR against the Qualis driver.

9.

Considering all these circumstances, the applicant-claimant is permitted to withdraw 50% of the awarded amount with accrued interest from the Tribunal on furnishing usual undertaking.

LSP 3 907 ia 13978.24.doc 10.

An apportionment be made as per the Award.

11.

Connected First Appeal (st) No. 21916/2024 with interim applications be tagged to this appeal. Stand over to 12 December 2024.

(S.M. MODAK, J.)