United India Insurance Company ... vs Mr.Ishwara Shankar Kamble And Ors
2022 Latest Caselaw 2024 Bom

                                                                       9-FA(ST)-3910-2018.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                       CIVIL APPELLATE JURISDICTION

                                     FIRST APPEAL (ST) NO.3910 OF 2018
                                                    WITH
                                     CIVIL APPLICATION NO.2829 OF 2018
                                                     IN
                                      SECOND APPEAL NO.3910 OF 2018

                      UNITED INDIA INSURANCE COMPANY LTD. )...APPELLANT

                            V/s.

                      ISHWARA SHANKAR KAMBLE AND ORS.               )...RESPONDENTS


                                                   WITH
                                   CIVIL APPLICATION (ST) NO.9457 OF 2019
                                                     IN
                                      SECOND APPEAL NO.3910 OF 2018

                      ISHWARA SHANKAR KAMBLE AND ORS.               )...APPELLANTS

                            V/s.

                      UNITED INDIA INSURANCE COMPANY LTD. )...RESPONDENT


                      Mr. Amol Gatne, Advocate for the Appellant.
                      Mr. P.D. Dalvi, Advocate for the Respondent in F.A.(ST)
                      No.3910of 2018.
                                                    CORAM : V. G. BISHT, J.

                                                    DATE     : 26th FEBRUARY 2022


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ARTI
VILAS
KHATATE
Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.26
15:25:11 +0530
                                                      9-FA(ST)-3910-2018.doc




P.C. :


1             The   applicant   has   moved   the   application       for

withdrawal of amount deposited by the original appellant

pursuant to the judgment and Award dated 22nd August 2017

passed by the learned Member, MACT, Kolhapur in Motor

Accident Claim Petition No.156 of 2015.

2 Heard learned counsel for both the parties. Learned counsel

for the original appellant has objected the application.

3 In view of submissions made by the learned counsel for the

applicant, applicant is allowed to withdraw 50% of the

compensation amount as per the apportionment in paragraph

no.2 in the judgment and Award dated 22 nd August 2017 passed

by the learned Member, MACT, Kolhapur in Motor Accident Claim

Petition No.156 of 2015. The applicant is directed to give an

undertaking of returning the said amount to be withdrawn in the

event of appeal being allowed with prevailing rate of interest.

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                                                    9-FA(ST)-3910-2018.doc




4     The statutory amount of Rs.25,000/- deposited in this

Court at the time of filing of Appeal shall be transferred to the

Motor Accident Claims Tribunal, Mumbai. Rest of the amount to

be deposited in a nationalized bank.

5 Civil Application (Stamp) No.9457 of 2019 is allowed and

stands disposed of accordingly.

6 Civil Application No.2829 of 2018 is filed for condonation

of delay of 46 days. The reasons attributed for delay in filing the

present appeal is explained in paragraph nos.3 and 4. The same

are accepted and delay of 46 days in filing the present appeal is

condoned.

7 Civil Application No.2829 of 2018 stands disposed off.

8     Appeal be numbered.


9     Issue notice to respondents for final hearing, returnable on

29th March 2022.


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                                                 9-FA(ST)-3910-2018.doc




10    The learned counsel for respondent waives service of

notice.



11    Place the First Appeal for Final Hearing at the stage of

admission on 29th March 2022.



                                      (V. G. BISHT, J.)




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