Tag: Compensation Insurer Liability Matters

Order - Status 7: ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4296 OF 2015 IN FIRST APPEAL ST.NO.1089 OF 2015 The National Insurance Co.Ltd. ...Applicant vs. Smt.Anuja Ramachal Patel & Ors. ...Respondents Ms Poonam Mittal for the Applicant CORAM :K.K.TATED,J. DATE : AUGUST 27, 2019 P.C.: 1 Heard the learned counsel for the applicant. By this application the applicant is seeking stay of operation and implementation Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 holding that the claimants are entitled to compensation of Rs.11,86,671/ with interest at the rate of 7.5% p.a. 2 The learned counsel for the applicant submits that they have challenged the impugned Judgment on quantum basis. She submits that the compensation awarded by the Tribunal is on higher side. She further submits that if the entire amount is recovered by the respondents by filing execution application, then nothing survives in the present application. She submits that the applicant is ready and willing to deposit the entire amount with interest within three weeks from today. Statement is accepted. She submits that pending the final disposal of the present First Appeal, this Court be pleased to stay the operation and implementation of the impugned Judgment. 3 It is to be noted that in the present proceedings accident occurred on 3rd July 2007. Claimant No.1 lost her husband and the claimant Nos.2 and 3 lost their father. At the time of accident the age of the deceased was 45 years. He was running the medical shop under the name and style of Ashish Medical and General Stores,Kandivali, Mumbai. He was earning nearby 1,10,943/ p.a from his business. Considering this aspect, the claimant No.1wife and claimant Nos.3 and 4 being minors, I am of the opinion that they can be permitted to withdraw the amount. 4 Hence I pass the following order : (a) The operation and implementation of the impugned Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 is stayed during the pendency of the First Appeal with condition that the Applicant to deposit entire compensation amount with interest in MACT, Mumbai on or before 21st September 2019 failing which Civil Application shall stand dismissed. (b) If the entire amount of compensation with interest is deposited within stipulated time, Applicant No.1Smt.Anuja Ramachal Patel and claimant No.2Master Gaurav Ramachal Patel are entitled to withdraw a sum of Rs.2 lakh each with accrued interest thereon without furnishing any security subject to final outcome of the First Appeal. (c)The Tribunal is directed to invest remaining amount in Fixed deposit in any nationalised bank initially for a period of one year and to continue till further order. (d)Liberty is granted to the respondents claimants, if they so desire, to apply for withdrawal of the amount, which shall be decided on its own merits. (e)Civil Application is disposed of with no order as to costs. (K.K.TATED,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.)

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1832 OF 2017 IN REJECTED CASE NO.16 OF 2018 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 : 27th August, 2018 In view of the dismissal of First Appeal Stamp No.13947/2017 vide Court's order dated 27/07/2017, this Civil Application for stay does not survive. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 27.08.18

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3260 OF 2015 A/W CIVIL APPLICATION NO.3261 OF 2015 IN FIRST APPEAL ST. NO.14661 OF 2015 The New India Assurance Co. Ltd. ... Applicant/Appellant Vs. Smt.Shobha Babasaheb Babar & Ors. ... Respondents Mr.S.M. Dange for the Applicant/Appellant Mr.V.R. Gaikwad for Respondent Nos.1 to 6 CORAM: MRS.MRIDULA BHATKAR, J. DATE: 30th SEPTEMBER, 2015 P.C.: Civil Application No.3260 of 2015 is filed for condonation of delay of 15 days in preferring the appeal. The learned Counsel for the respondent is present. He concedes to the condonation of delay. Hence, this application is allowed. Appeal be numbered. CIVIL APPLICATION NO.3261 OF 2015: - By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 25.11.2014 passed by the Motor Accident Claims Tribunal, Satara in MACP No.535 of 2012. The learned Counsel for the applicant submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of six weeks. In view of the above, interim stay granted to the operation and execution of the impugned judgement and award dated 25.11.2014 subject to the applicant depositing in the MACT, Satara the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today. 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, Satara. Civil Application stands disposed of accordingly. (MRIDULA BHATKAR, J.) CERTIFICATE Certified that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4331 OF 2018 In FIRST APPEAL STAMP NO. 15757 OF 2018 United India Insurance Company Ltd.through Its Nashik Divisional Office ....Applicant V/S Smt. Usha Vijay Ramteke And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4332 OF 2018 In FIRST APPEAL LODGING NO . 15757 OF 2018 United India Insurance Company Ltd.through Its Nashik Divisional Office ....Applicant V/S Smt. Usha Vijay Ramteke And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4450 OF 2018 In FIRST APPEAL LODGING NO . 15757 OF 2018 Smt. Usha Vijay Ramteke And Anr. ....Applicant V/S United India Insu. Co. Ltd. And Ors. ....Respondent Amol Gatne For Applicant Pritesh Kantikumar Bohade for Applicant in CAF 4450/2018. CORAM : A.S. CHANDURKAR, J DATE : 20th December, 2018 P.C. : Not on board. Taken on Board. At the request of learned advocate for the applicant, Stand over to as per CMIS. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4332 OF 2018 IN FIRST APPEAL (ST) NO. 15757 OF 2018 United India Insurance Company Ltd. .....Applicant V/s. Smt. Usha Vijay Ramteke and others .....Respondents Mr. Shubham M. i/b Amol Gatne for the applicant. Mr. Pritesh Bohade for respondent nos. 1 & 2 CORAM : K. K. TATED, J. DATE : MARCH 15, 2019. P.C. Heard the learned counsel for the applicant and learned counsel for respondent nos. 1 & 2. 2 By this Civil Application, applicant is seeking stay of the operation of the Judgment and Award dated 07/12/2017 passed by Motor Accident Claims Tribunal at Nashik in MACP No. 990 of 2010 by which Tribunal held that respondents are entitled to the sum of Rs. 3,40,000/ with 8% interest by way of compensation. 3 The learned counsel for the applicant submits that he received instructions from the Insurance Company that they are ready and willing to deposit entire awarded amount alongwith interest in Tribunal within 4 weeks from today. Statement is accepted. 4 Considering the submissions made by the learned counsel for the applicant and as the applicant is ready and willing to deposit entire awarded amount within 4 weeks, I am satisfied that applicant has made out case for following order: (I) Operation and implementation of impugned Judgment and Award dated 07/12/2017 passed by Motor Accident Claims Tribunal at Nashik in MACP No. 990 of 2010 is stayed till hearing and final disposal of First Appeal. (II) Applicant to deposit entire awarded amount in Tribunal on or before 30/04/2019 failing which Civil Application stands dismissed without referring back to the Court. (III) If amount is deposited within stipulated period as stated herein above, Tribunal is directed to invest the said amount in fixed deposit in any nationalized bank, initially for a period of one year and thereafter, till further orders. (IV) Liberty granted to respondent nos. 1 & 2 to take out appropriate proceedings, if so advised, for withdrawal and that application be decided on its own merits. (V) Application stands disposed of accordingly. (VI) No order as to costs. [K. K. TATED, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 4331 OF 2018 In FIRST APPEAL STAMP NO. 15757 OF 2018 United India Insurance Company Ltd.through Its Nashik Divisional Office ....Applicant V/S Smt. Usha Vijay Ramteke And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4332 OF 2018 In FIRST APPEAL LODGING NO . 15757 OF 2018 United India Insurance Company Ltd.through Its Nashik Divisional Office ....Applicant V/S Smt. Usha Vijay Ramteke And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 4450 OF 2018 In FIRST APPEAL LODGING NO . 15757 OF 2018 Smt. Usha Vijay Ramteke And Anr. ....Applicant V/S United India Insu. Co. Ltd. And Ors. ....Respondent Amol Gatne For Applicant CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 4th October, 2019 P.C. : Mentioned out of turn. At the request of the learned Counsel for the Petitioner/Respondent, stand over to 11/11/2019 . Ad-interim relief, if any, to continue till the next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1008 OF 2019 Shri. Narayan Punja @ Punjaji Nagare ....Appellant V/S The Divisional Manager, Maharashtra State Road Development Corporation Ltd., ....Respondent Sachin Gite For Appellant CORAM : K.K. TATED, J DATE : 30th July, 2019 P.C. : At the request of learned advocate for the Appellant, Stand over to 6/8/2019 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: 45.1008.19-fa.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No.1008/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Sachin Gite for the Appellant CORAM: K.K.TATED, J. DATED : AUGUST 6, 2019 P.C. 1 Heard. By this appeal, the Appellant claimant challenges the judgment and award dated 12.02.2019 passed by the MACT, Niphad in MACP No.45/2015 dismissing their claim petition under section 166 of the Motor Vehicles Act, 1988. 2 Considering the submissions made by the learned counsel for the Appellant and the reasons recorded by the Tribunal in para 13 of the impugned judgment and award, following order is passed: a. Admit. b. The Appellant is directed to file private paper book within one year from today with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court. c. Printing dispensed with. d. Call R & P. e. Hearing expedited. f. Liberty granted to the Appellant to move for early hearing once the paper book is filed and R & P is received. (K.K.TATED, J.)

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 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 11th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 19/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 19th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 23/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 13947 OF 2017 WITH CIVIL APPLICATION NO. 1831 OF 2017 The New India Assurance Co Ltd …Appellant Versus Ashik Dayabji Ramparia & Ors …Respondents Mr Devendranath S Joshi *, for the Appellant/Applicant.* Mrs Varsha Chavan *, for the Respondents Nos. 1 to 4.* CORAM: G.S. PATEL, J DATED: 27th July 2017 PC:- 1. The facts are set out in the judgment delivered today in First Appeal No. 1 of 2015. Here the claimant was the rider of the motorcycle. His father, who was riding pillion, died in the same accident. 2. The same issue as regards the permit was taken in this case. I have rejected the submission. The present case is one of injury. The claimant was admitted to the Sanjivani Hospital on 2nd November 2006. He was operated for a fracture and he was an indoor patient till 17th November 2006. He submitted his medical bills. He had a grade II compound fracture of the humerus with rapid nerve palsy, abrasion and other injuries. He says he has difficulty in moving. He has had body implants. He is unable to carry on his effective work as a mason. His permanent partial disability was estimated at 48% based on the evidence of one Dr Naresh Khanna. The Tribunal awarded him Rs. 25,000/- towards future medical expenses and then proceeded to award an amount of Rs. 3,93,000/- as compensation including NFL. 3. In my view, there is really no reason to interfere with any part of the award. The MACT has correctly assessed every aspect of it including taking into account that the fracture was to the right hand and, therefore, taken a slightly higher amount towards the disability compensation. 4. I do not think it is possible to fault the conclusions of the Tribunal. The principles that have been established by the Supreme Court in Arvind Kumar Mishra vs New India Assurance Co Ltd ** 1 ** regarding the duty of the Court to provide reasonable restitution to the claimant have been followed in letter and in spirit. 5. The statutory deposit of Rs. 25,000/- is to be transferred to the MACT, Mumbai within two weeks from today. 6. The claimant is entitled to withdraw the entire amount with all accrued interest. The MACT will permit such withdrawal on production of an authenticated copy of this order. 1 (2010) 10 SCC 254. 7. The appeal is dismissed. There will be no order as to costs. 8. The civil application does not survive and is disposed of as infructuous. (G. S. PATEL, J)

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.)