Reliance General Insurance Co. Ltd. v. Indumati Subhash Navale And ORS.

LSP 1 506 fa 1708.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No. 14017 of 2024 In First Appeal No.1708 of 2024 Reliance General Insurance Co. Ltd.

...

Applicants V/s.

Sou. Indumati Subhash Navale and others ...

Respondents.

Ms. Pradyumna Thakurdesai h/f.

Varsha Chavan Advocate for the Applicantsappellants Mr.Sarthak S. Diwan Advocate for Respondent Nos.1 and 2.

Digitally signed by LATA SUNIL PANJWANI Date:

2024.10.24 16:04:00 +0530 CORAM : S.M. MODAK, J LATA SUNIL PANJWANI DATE : 17 October 2024.

P.C. :

Heard learned counsel for the parties.

2.

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

3.

Interim Application is disposed of.

LSP 2 506 fa 1708.24.doc First Appeal No.1708 of 2024 4.

Issue notice to Respondents, returnable on 12th December 2024.

6.

Call Record and Proceedings.

7.

Compilation be filed.

8.

Heard learned counsel for both the parties on the point of withdrawal. Breach of policy is not proved. There is a ground relating to quantum. According to Mr. Diwan, the learned counsel for Respondent Nos.1 and 2, sufficient evidence is adduced to prove the salary. Hence, the claimants are permitted to withdraw 70% of the awarded amount along with accrued interest on furnishing usual undertaking.

(S.M. MODAK, J.)