Reliance General Insu. Co. Ltd., ... vs Swapnil S/O Manik Tembre And ...
2021 Latest Caselaw 6042 Bom

                                    1                                                                                                                    CAF 797.21

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  NAGPUR BENCH : NAGPUR

                             Civil Application (F) No.797/2021 in First Appeal No.281/2021
                             (Reliance General Ins. Co. Ltd V Swapnil Tembre and another)
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Office Notes, Office Memoranda of Coram,                                                                                             Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri D.N. Kukday, Adv for appellant.
                            Ms Aastha Sharma, Adv h/f Shri P.R. Agrawal, Adv for resp. no.1.
                            Shri Tajuddin Charaniya, Adv h/f Shri S.Z. Quazi, Adv for resp. no.2.

                                        CORAM : S.M. MODAK, J.
                                        DATE : 05-04-2021.


                                                      Hearing was conducted through video conferencing and
                            the learned counsel agreed that the audio and visual quality was
                            proper.

                            2.                        Heard learned Advocate Shri Kukday for the appellant,
                            learned Advocate Ms Sharma holding for Shri P.R. Agrawal,
                            Advocate for original claimant/respondent no.1 and Shri Tajuddin
                            Charaniya, Advocate holding for Shri S.Z. Quazi, Advocate for the
                            owner/driver/respondent no.2.
                            3.                        This is a injury claim. Compensation of Rs.31,07,200/-
                            has been granted by the Tribunal. Insurance Company as well as
                            the claimants are aggrieved by the said judgment. There is also
                            cross            appeal               on         behalf              of        claimant                  and           an         amount                  of
                            Rs. 45,48,545/- is deposited by the Insurance Company.                                                                                              It is
                            better to go as per the directions given by the Tribunal. Hence, the
                            order :-

                                                                                                          ORDER

(a) Office is directed to transfer 50% of Rs.45,48,545/-

in the bank account of respondent no.1 along with

2 CAF 797.21

accrued interest on furnishing bank details and personal identification.

(b) Office is directed to invest the remaining amount as directed by the Tribunal.

(c) The respondent no.1 is directed to furnish an usual undertaking.

4. Application is disposed of.

(S.M. Modak, J.) Deshmukh