Tag: Compensation Insurer Liability Matters

Order - Status 6: Vidya Amin FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4020 OF 2014 IN F.A. NO. 9273 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN F.A. NO. 9273 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sanjay Krishnan i/b. Mrs. H.M. Rane, Advocate for the appellant/applicant. CORAM: MRS.MRIDULA BHATKAR, J. 18th December, 2014. DATED: P.C. Not on board. Upon mentioning, taken on board. 2. The learned counsel for the appellant/insurance company submitted that the insurance company is apprehending the execution and hence prays that the judgment and award dated 29th August, 2013 passed by the Member, Motor Accident Claims Tribunal, Pune in M.A.C.P No. 1284 of 2008 be stayed. In view of this submissions of learned counsel for the appellant, the appellant/insurance company is directed to deposit the entire amount of the award along with interest accrued thereon till 29th January, 2015. Till then, the impugned judgment and award is stayed. Issue notice the respondents in both the Civil Applications, returnable on 29th January, 2015. (MRS.MRIDULA BHATKAR, J.)

Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4020 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN FIRST APPEAL STAMP NO. 9273 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's Judge's orders None present. CORAM: R. M. JOSHI [REGISTRAR JUDL.­II] Date : 29th January, 2015. Await service for 6 weeks. sd/­ Registrar (Judl.­II) DSM – RJ­(II) ­29.01.2015

Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 12th March, 2015 S.O. to 4 weeks to take steps for unserved R.No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 12.03.15

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 09th April, 2015 S.O. to 4 weeks to take steps as against unserved Respondent No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 09.04.15

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4020 OF 2014 WITH CIVIL APPLICATION NO.4021 OF 2014 IN FIRST APPEAL ST. NO.9273 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 07th May, 2015 In view of forthcoming summer vacation, 6 weeks time is granted for taking steps as against unserved Respondent No.5, failing which Civil Applications shall stand dismissed as against Respondent No.5. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 07.05.15

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4021 OF 2014 In FIRST APPEAL LODGING NO . 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1288 OF 2016 In FIRST APPEAL LODGING NO . 9273 OF 2014 Smt. Shardadevi Hanumansingh Rajpurohit And Ors. ....Applicant V/S National Insurance Co. Ltd. Through Its Mumbai Regional Office Ii ....Respondent Mr Sanjay Krishnan Adv i/b. Harshada Manohar Rane For Applicant Yuvraj P Narvankar For Respondent No. 1 To 3 CORAM : SMT. DR. SHALINI PHANSALKAR-JOSHI, J DATE : 13th October, 2016 P.C. : At the request of learned advocate for the respondent , Stand over to 17/11/2016. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent CORAM : G. S. KULKARNI, J DATE : 21st December, 2016 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 24/01/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent CORAM : G.S. PATEL, J DATE : 18th July, 2017 P.C. : Due to paucity of time the matter is adjourned for hearing. Ad-interim relief if any to continue till then. Stand over to 9/8/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4020 OF 2014 In FIRST APPEAL STAMP NO. 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4021 OF 2014 In FIRST APPEAL LODGING NO . 9273 OF 2014 National Insurance Co. Ltd. ....Applicant V/S Smt. Shardadevi Hanumansingh Prjpurohit And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1288 OF 2016 In FIRST APPEAL LODGING NO . 9273 OF 2014 Smt. Shardadevi Hanumansingh Rajpurohit And Ors. ....Applicant V/S National Insurance Co. Ltd. Through Its Mumbai Regional Office Ii ....Respondent NONE For Applicant Yuvraj P Narvankar For Respondent No. 1 To 3 V.p. Filed In First Appeal Stamp. For Respondent CORAM : G.S. PATEL, J DATE : 25th July, 2017 P.C. : Stand over to 01/08/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1288 OF 2016 IN FIRST APPEAL (ST.) NO. 9273 OF 2014 Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Applicants IN THE MATTER BETWEEN National Insurance Co. Ltd. ...Appellant Versus Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Respondents WITH CIVIL APPLICATION NO. 4020 OF 2014 WITH CIVIL APPLICATION NO. 4021 OF 2014 IN FIRST APPEAL (ST.) NO. 9273 OF 2014 National Insurance Co. Ltd. ...Applicant Versus Smt.Shardadevi Hanumansingh Rajpurohit & Ors. ...Respondents …... Mr. Vasant R. Kadam h/f. Mr. Yuvraj P. Narvankar for Respondent Nos. 1 to 3 in CAF Nos. 4020 and 4021 of 2014 and the applicants in CAF No. 1288 of 2016. …... CORAM: MRS.MRIDULA BHATKAR, J. DATED: AUGUST 31, 2017 P.C. : Learned counsel for the appellant to remain present on the next date. Stand over to 06.09.2017. (MRIDULA BHATKAR, J.)

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1184 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 24th October, 2016 S.O. to 1 week time is granted (excluding Diwali Holidays) for supplying 4 copies of First Appeal and for payment of printing charges. ­ sd/­ Registrar (Judl.­II) dsm – R(J­II) – 24.10.16

Order - Status 7: Sarnohat IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1496 OF 2018 $mathsf{IN}$ FIRST APPEAL NO. 1184 OF 2016 Raibeer Kaur Gurbinder Singh Sardu. ... Applicant. IN THE MATTER BETWEEN: Bajaj Allianz General Insurance Co. Ltd. ... Appellant. Vs. Rajbeer Kaur Gurbinder Singh Sardu & Ors. .. Respondents. Ms. Varsha Chavan, for the Applicant in CAA 1496-2018 and for Respondent Nos. 1 to 3 in FA 1184/2016. Ms. Yogita Deshmukh-Chitnis, for the Respondents in in CAA 1496-2018 and Appellant in FA 1184/2016. CORAM : V. M. DESHPANDE, J. DATE : $5^{th}$ JULY, 2018. $P. C.$ : $1.$ The Insurance Company has preferred appeal before this Court bearing appeal No.1184 of 2016 challenging the judgment and award passed by Motor Accident Claims Tribunal, Mumbai dated 19 th December, 2015 in Petition No. 1761 of 2009. The appeal filed on behalf of appellant is admitted on 30 th August, 2016 and the stay is also operating in favour of the Insurance Company. In view of the directions given by this Court on $17 th $ $2.$ November, 2016, it is submission of the learned counsel for Insurance Company that, Insurance Company has deposited the entire amount. By the present application widow of Gurbinder Singh Sardu is praying for withdrawal of the amount deposited by the Insurance Company. As per the award the applicant widow was entitled to receive 80 % of the amount awarded. Remaining 20 % amount was to be kept for the parents of the deceased. The present application is moved by widow alone. After hearing the learned counsel for parties, I proposed to pass the following order in the interest of justice; ORDER I) Application is partly allowed. II) Applicant Rajbeer Kaur Gurbinder Singh Sardu shall be entitled to withdraw 50% from 80% of amount which is granted to her out of the total amount deposited by the Insurance Company. III) The remaining amount shall be invested by Court below with any Nationalized Bank initially for a period of three weeks to save loss of interest. [ V. M. DESHPANDE,J.] 2/2