National Insurance Company ... vs Dr. Vivek Vasant Dikshit Through ...
2021 Latest Caselaw 14093 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO.2205 OF 2020
                                       IN
                      FIRST APPEAL NO.1128 OF 2016


Dr.Vivek Vasant Dikshit                     ..        Applicant
In the matter between :-


National Insurance Company Limited
through Divisional Manager                  ..        Appellant
                  Versus
Dr.Vivek Vasant Dikshit as next friend
Guardian Dr.Vanita Vivek Dikshit & Anr...             Respondents


                                   WITH
                 CRIMINAL APPLICATION NO.2989 OF 2016
                                       IN
                      FIRST APPEAL NO.1128 OF 2016


National Insurance Company Ltd.             ..        Applicant


In the matter between :-
National Insurance Company Limited
through Divisional Manager                  ..        Appellant
                  Versus
Dr.Vivek Vasant Dikshit as next friend
Guardian Dr.Vanita Vivek Dikshit & Anr...             Respondents




M.M.Salgaonkar




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                                  2/3                      5 IA-2205-20.doc


                                   WITH
                 CRIMINAL APPLICATION NO.4618 OF 2016
                                       IN
                      FIRST APPEAL NO.1128 OF 2016


Dr.Vivek Vashant Dikshit                     ..        Applicant
In the matter between :


National Insurance Company Limited           ..        Appellant
                  Versus
Dr.Vivek Vasant Dikshit                      ..        Respondent
                                       ...

Ms.Pranali Sawant for the Applicant.
Mr.Rahul Mehta i/b KMC Legal Venture for the Respondent..
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 29th SEPTEMBER, 2021

P.C:-

1. The Appeal is instituted by the National Insurance Company Limited, being aggrieved by the Judgment and Award dated 13/01/2016 passed by the M.A.C.T. at Pune in Claim Petition No.364 of 2014. The record reveal that the said judgment came to be stayed at the instance of the Appellant on depositing the entire amount awarded by the Tribunal. Accordingly the amount was deposited and 75% of the amount is withdrawn by the Claimant.

M.M.Salgaonkar





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The Interim Application is taken out, seeking permission to withdraw the balance amount, but the learned counsel for the claimant concede to the fact that the contingency which prompted her to move the application, seeking withdrawal of the balance amount, does not exist as on today, but still financial constrains faced by the Claimant continue to exist.

2. It is stated by the learned counsel for the claimant that an Appeal is also instituted by her for enhancement of the amount, necessarily posing challenge to the impugned judgment in present Appeal and it is presently on stamp number on account of an application for condonation of delay, being not yet decided.

3. Learned counsel appearing for the Appellant and the Respondent are agreeable to the fact that since the Appeals are instituted in the year 2016, they can be clubbed together and heard immediately so that the curtain can be drawn upon the impugned judgment, which is challenged by both the parties.

4. By consent, list the present Appeal with its pending applications along with Appeal (St) No.3590 of 2016 for final hearing on 12/10/2021.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar