Allowed

Mr. Farogh Ahd. Zahoor Ahd. Ansari v. M/S. Kataria Transport Co. Ltd. and Anr.

Bombay HC17 Feb 2023FA/449/2016

Case brief

AI extract

What is this about?

The First Appeal was allowed upon the submission that both parties had settled the matter. The insurance respondent was directed to deposit Rs. 34 Lakhs within two weeks for the appellant to withdraw along with antecedent award amounts and interest.

What did the court decide?

Deposit of Rs. 34 Lakhs by respondent and permission to appellant to withdraw prior award amount with interest.

Mr. Farogh Ahd. Zahoor Ahd. Ansari Vs M/S. Kataria… — Writ and Judicial Review | Bombay HC (2023)

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228-FA449-2016.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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Digitally signed by SHANTANU SHANTANU SHANKARSADHUDUM SHANKARSA DHUDUM Date:2023.02.17 17:34:58 +0530

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 449 OF 2016

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Mr. Farogh Ahd. Zahoor Ahd. Ansari, )
Age, - 48 years, )
Resident of F/8, 666 Tenements Compound )
Mumbai – 400011 ) ….Appellant
Versus
1. M/s. Kataria Transport Co. Ltd., )
A-28, Suvidha Estate, )
Gandhinagar, bavla Highwa, )
Surkhej, Ahmedabad, Gujarat. )
2. Oriental Insurance Co. Ltd. )
7, J. T. Road, Churchgate, )
Mumbai – 400 020. ) ..Respondents
(Policy No. 141700-2007/8927) )
Valid from 31/02/2007 to 20/03/2008 )

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Mr. Ashok B. Tajane for the Appellant.

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Ms. Sneha Dwivedi for the Respondent No.2.

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CORAM : S. G. DIGE, J.

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DATE : 17^th FEBRUARY 2023.

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JUDGMENT :

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Heard learned counsel for appellant and learned counsel for

the respondent.

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228-FA449-2016.doc

Shantanu Dhudum

Both learned counsel submits that both the parties have settled the matter. The respondent no. 2-insurance company is ready to pay Rs. 34 Lakh as compensation to the appellant excluding the amount already deposited before the MACT, Mumbai in MACP No. 3476 of 2007 as per the order dated 19/07/2014 . This amount of Rs.34 Lakh would be without interest, it excludes the compensation awarded by the MACT, Mumbai.

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Learned counsel for appellant agrees for it. The claimant who is present in the Court also agrees for the same.

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In view of the submission of both learned counsel and the

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appellant/claimant, I pass the following order:

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ORDER

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i. Appeal is allowed.

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ii. The respondent no. 2-insurance company shall deposit amount of Rs. 34 Lakhs before the Tribunal within two weeks from today.

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228-FA449-2016.doc

Shantanu Dhudum

iii. The appellant is permitted to withdraw the amount deposited by the respondent no. 2 insurance company as award amount granted by the tribunal along with accrued interest thereon and the amount of Rs. 34 Lakhs.

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The Appeal stands disposed of.

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All pending applications, if any, stand disposed of.

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Parties to act on authenticated copy of this order.

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(S. G. DIGE, J.)

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Mr. Farogh Ahd. Zahoor Ahd. Ansari v. M/S. Kataria Transport Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Farogh Ahd. Zahoor Ahd. Ansari v. M/S. Kataria Transport Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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