I.C.I.C.I. Lombard Insurance Company Ltd., Through Its Legal Manager, Shri Ashay Mahajan v. Sau. Shobhatai W/O. Wasudeorao Bankar And Others

caf1371.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1371/2025 IN FIRST APPEAL NO.450/2016 (I.C.I.C.I. Lombard Insurance Company Vs. Shobhatai W/o Wasudeorao Bankar and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.J. Patil, Advocate h/f. Mr. R.D. Bhuibhar, Advocate for the Appellant. Mr. S.S. Ansari Advocate for the Respondent Nos.1 to 4. CORAM: NEERAJ P. DHOTE, J.

DATED: 27.1.2026.

This is an application preferred by the claimants in the disposed of Appeal which was preferred by the Insurance Company. This Court by judgment and order dated 28.02.2019 directed as follows:- "(1) In each claim petition, while maintaining the total amount of compensation as awarded, it is directed that the owner and insurer of the Maruti van shall be liable to satisfy the claim to the extent of 50% while the owner and insurer of the Truck would be liable to satisfy the claim to the extent of the remaining 50% amount.

(2) The amount of compensation shall be payable with interest at the rate of 9% per annum from the dates mentioned by the Claims Tribunal in each claim petition. Subject to this modification, rest of the award stands confirmed. The claimants in each appeal are entitled to withdraw the amount of compensation as deposited in terms of this adjudication. In case of any excess amount having been deposited, the same shall be refunded to the respective Insurance Company with accrued interest.

(3) The First Appeals are partly allowed and disposed of. The parties shall bear their own costs."

caf1371.2025.odt 2.

The office has made calculations which is shown on the Farad Sheet. According to the learned Advocate for the Insurance Company, it is wrong. The learned Advocate for the Insurance Company shall submit his calculations to the office. The office shall verify the same and place on record the calculations which would be in consonance with the order of this Court.

3.

Stand over to 10.02.2026.

(NEERAJ P. DHOTE, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 27/01/2026 17:37:58