Varsha Chavan

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

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1380 OF 2016 WITH CIVIL APPLICATION NO. 3891 OF 2016 IN FIRST APPEAL NO. 1380 OF 2016 IFFCO TOKIO General Insurance .. Appellant Vs. Ganesh Rangrao Akurde & Ors. .. Respondents Ms.Varsha Chavan, Advocate for appellant. None for respondents. CORAM : A.S. CHANDURKAR, J. DATE : 21ST NOVEMBER 2018 P.C. FIRST APPEAL NO. 1380 OF 2016 1 Not on board. Taken upon production. 2 Heard. 3 Admit. 4 Call for record and proceedings. CIVIL APPLICATION NO. 3891 OF 2016 5 Issue notice of the application, returnable on 30th January 2019. 6 On the applicant depositing the entire amount of compensation as awarded by the Claims Tribunal within a period of four weeks from today before the Claims Tribunal, Kolhapur, execution proceedings shall remain stayed until further orders. (A.S. CHANDURKAR, J.)

Order - Status 6: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3891 OF 2016 IN FIRST APPEAL NO.1380 OF 2016 Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, court's orders or directions and Registrar's orders Ms.Varsha Chavan for the applicant Mr.Vikrant A. Desai for the respondent no.1 CORAM : K. K. TATED, J DATE : APRIL 1,2019 P.C.: . At the request of advocate for the applicant, stand over to 10.04.2019 to enable the Applicant to take instruction whether they complied the order dated 21.11.2018 i.e. to deposit entire awarded amount in the Tribunal. (K.K.TATED, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3891 OF 2016 IN FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Co. Ltd. Applicant V/s. Ganesh Rangrao Akurde & anr. Respondents Mr. D.S. Joshi I/b. Ms. Varsha Chavan for the applicant. Mr. Vikrant A. Desai for respondent no.1. CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED : 25th JUNE, 2019. P.C.: . Mr. D.S. Joshi, learned counsel for the applicant states that the entire compensation as per the judgment and award has been deposited before the Claims Tribunal on 14/12/2018. In the light of said statement, interim relief is granted in terms of prayer clause (a). Civil Application stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.)

Order - Status 2: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST. NO.14771 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 : R.M. JOSHI I/c.REGISTRAR (JUDL – II) Date : 02nd August, 2016 3 weeks time granted for removing office objections. sd/­ I/c.Registrar (Judl.­II) dsm – R(J­II) – 02.08.16

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1380 OF 2016 WITH CIVIL APPLICATION NO. 3891 OF 2016 IN FIRST APPEAL NO. 1380 OF 2016 IFFCO TOKIO General Insurance .. Appellant Vs. Ganesh Rangrao Akurde & Ors. .. Respondents Ms.Varsha Chavan, Advocate for appellant. None for respondents. CORAM : A.S. CHANDURKAR, J. DATE : 21ST NOVEMBER 2018 P.C. FIRST APPEAL NO. 1380 OF 2016 1 Not on board. Taken upon production. 2 Heard. 3 Admit. 4 Call for record and proceedings. CIVIL APPLICATION NO. 3891 OF 2016 5 Issue notice of the application, returnable on 30th January 2019. 6 On the applicant depositing the entire amount of compensation as awarded by the Claims Tribunal within a period of four weeks from today before the Claims Tribunal, Kolhapur, execution proceedings shall remain stayed until further orders. (A.S. CHANDURKAR, J.)

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1380 OF 2016 WITH CIVIL APPLICATION NO.3891 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 : V.R. KACHARE REGISTRAR (JUDL – II) Date : 30th January, 2019 Await Service for 5 weeks. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 30.01.19

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited ....Appellant V/S Mr. Ganesh Rangrao Akurde And Anr. ....Respondent Ms.Varsha Chavan For Appellant CORAM : K.K. TATED, J DATE : 11th March, 2019 P.C. : At the request of learned advocate for the Appellant , Stand over to 01/04/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited ....Appellant V/S Mr. Ganesh Rangrao Akurde And Anr. ....Respondent Ms Poonam Mittal Adv i/by Varsha Chavan Adv For Appellant Vikrant Anand Desai Adv For Respondent No. 1 CORAM : K.K. TATED, J DATE : 10th April, 2019 P.C. : At the request of learned advocate for the Apellant , Stand over to After vacation ie on 18/6/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited ....Appellant V/S Mr. Ganesh Rangrao Akurde And Anr. ....Respondent Mr D S Joshii/by Varsha Chavan, advocate For Appellant None for Respondent. CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 18th June, 2019 P.C. : At the request of learned advocate for the petitioners, Stand over to 25/06/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10315 OF 2024 IN FIRST APPEAL NO.1380 OF 2016 Ganesh Rangrao Akurde ...Applicant In the matter between:- IFFCO TOKIO General Insurance Company Limited ...Appellant vs. SATISH RAMCHANDRA SANGAR Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2024.09.05 15:24:30 +0530 Ganesh Rangrao Akurde and Anr. ...Respondents ***** Mr.Pritesh K. Bohade:- Advocate for Applicant. Ms.Varsha Chavan:- Advocate for Appellant. ***** CORAM : S. M. MODAK, J. DATE : 27th AUGUST 2024 P. C. :- Heard learned Advocate Ms.Chavan for the Appellant Insurance Company and learned Advocate Mr.Bohade for Respondent – Claimant – driver of the motorcycle. Another vehicle involved is the trax. Its number could not be ascertained. The FIR is lodged against the trax vehicle. There was a Petition filed by the driver against the Insurance Company of the motorcycle under the provisions of Section 163A of the MV Act, 1988. 3. The Appeal is of the year 2016. Recently, this Application for withdrawal is filed. Withdrawal is strongly opposed by learned Advocate Ms.Chavan. She relied upon the observations in case of Ramkhiladi and Anr. v/s. United India Insurance Company and Anr. 1 and more specifically, Para No.5.5 and 5.6. According to her, the Appeal can be disposed of finally. Compilation of documents filed by her is taken on record. Marked 'X' for identification. Copy is served to other side. Stand over to 4 th September 2024. To be listed for final arguments / Interim Application. [S. M. MODAK, J.] 1 AIR 2020 SUPREME COURT 527

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited....APPELLANT V/S Mr. Ganesh Rangrao Akurde And Anr. ....RESPONDENT WITH INTERIM APPLICATION NO. 10315 OF 2024 In First Appeal 1380 OF 2016 Ganesh Rangrao Akurde And Anr. ....PETITIONER V/S Iffco Tokio General Insurance Company Limited And Anr. ....RESPONDENT Ms. Varsha Chavan for the Appellant Mr. Pritesh K. Bohade for Respondent CORAM : HON'BLE SHRI JUSTICE S. M. MODAK J DATE : 4th September, 2024 P.C. : At the request of the learned Counsel for the Appellant(s)/ Applicant(s) / Petitioner(s) / Respondent No. stand over to 03/10/2024. Ad-interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited....APPELLANT V/S Mr. Ganesh Rangrao Akurde And Anr. ....RESPONDENT VARSHA CHAVAN for Petitioner VIKRANT ANAND DESAI for Respondent CORAM : HON'BLE SHRI JUSTICE S. M. MODAK J DATE : 3rd October, 2024 P.C. : S. O. to 20/11/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1380 OF 2016 Iffco Tokio General Insurance Company Limited....APPELLANT V/S Mr. Ganesh Rangrao Akurde And Anr. ....RESPONDENT WITH INTERIM APPLICATION NO. 10315 OF 2024 In First Appeal 1380 OF 2016 Ganesh Rangrao Akurde And Anr. ....PETITIONER V/S Iffco Tokio General Insurance Company Limited And Anr. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE SHIVKUMAR DIGE J DATE : 28th January, 2025 P.C. : For final hearing on dated 03/02/2025 Weekly Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1380 OF 2016 IFFCO TOKIO General Insurance Company Limited. …. Appellant Versus Ganesh Rangrao Akurde and Anr. …. Respondents Ms. Varsha Chavan, Advocate for the Appellant. Mr. Pritesh K. Bohade, Advocate for Respondent No.1. CORAM : SHIVKUMAR DIGE, J. DATE : 18th JUNE, 2025. P.C. : SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2025.06.21 10:05:31 +0530 Heard learned counsel for the Appellant and learned counsel for the Respondent – Claimant. Learned counsel for the Appellant submits that the claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 (for short "MV Act'). The accident occurred due to sole negligence of the deceased but the Tribunal has awarded compensation of Rs.4,23,920/-. As per view of Hon'ble Apex Court in the Case of Ramkhiladi and Anr. Vs. United India Insurance Company and Anr. AIR 2020 SCC 527, the Claimant is entitled of Rs.1,00,000/-, but this fact has not been considered by the Tribunal. Hence, requested to allow the appeal. Learned counsel for the Respondent submits the Claimant is ready to accept Rs.1,00,000/- out of the deposited compensation amount. Hence, requested to pass appropriate order. Considering the submission of both the learned counsel, I pass following order. ORDER i. Appeal is allowed. ii. The Respondent/Claimant is entitled Rs.1,00,000/- @ 8% interest from the date of filing claim petition, till realization of the amount. iii. The Claimant is permitted to withdraw Rs.1,00,000/- @ 8% interest along with accrued interest thereon from the amount, deposited by the Appellant/Insurance Company. iv. The Appellant /Insurance Company is permitted to withdraw remaining amount along with accrued interest. v. The statutory amount along with accrued interest be transmitted to the Tribunal. The parties are at liberty to withdraw it, as per Rules. vi. Record and Proceeding be sent back to the Tribunal. In view of the above, the appeal is allowed and disposed of. All pending applications, if any, also stand disposed of. ( SHIVKUMAR DIGE, J.)