The Divisional Manager The New India Assurance Co. v. Geeta Ananta Tarekar And Othrs

varsha 504-fa-136-2009-caf-4745-2008-fa-136-2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 136 OF 2009 WITH CIVIL APPLICATION NO. 4745 OF 2008 IN FIRST APPEAL NO. 136 OF 2009 The Divisional Manager the New India Assurance Co.

... Appellant Vs.

Geeta Ananta Tarekar and Ors ... Respondents ------- Ms. Poonam Mittal, Advocate for the Appellant/Applicant. Mrs. Lata S. Iyer, Chief Manager and Regional Office-In-Charge, Mumbai legal Hub,for New India Assurance Co. Ltd Mr Dattatraya Pandey and Mr. Sourin Shaha, Administrative Officers for New India Assurance Co. Ltd.

None for the Respondent.

------- CORAM : Gauri Godse, J.

(HEAD OF THE PANEL) V.A. Sathe OSD at Court Receiver (Appellate Side), MEMBER R.V. Wanwadi, DEPUTY REGISTRAR (Inspection), MEMBER DATE : 13th August, 2022 P.C. :

1.

Mentioned. Not on board. Taken on production board. 2.

Ms. Poonam Mittal, learned Advocate appears for the Appellant-Insurance Company. She has written instruction to

varsha 504-fa-136-2009-caf-4745-2008-fa-136-2009.odt withdraw the Appeal. Hence, allowed to withdraw the Appeal. Since the amount is already deposited in Motor Accident Claims Tribunal, Raigad at Alibaug, in view of withdrawal of Appeal, Respondents-Claimants are entitled to withdraw the entire amount with accrued interest.

3.

Since, at the time of filing of the Appeal, some of the claimants were minor, the learned Member of the Motor Accident Claims Tribunal, Raigad at Alibaug, is requested to pass necessary directions for protecting the interest of the minors if any at the time of withdrawal of amount. 4.

The Appellant shall be entitled to refund the court fees as per the applicable Rules. Statutory amount if any deposited in this court to be transferred to the Motor Accident Claims Tribunal, Raigad at Alibaug along with accrued interest. 5.

In view of above, pending civil application also stands disposed of.

6.

First Appeal disposed of as withdrawn.

(R.V.Wanwadi) (V.A. Sathe) (Gauri Godse,J.) Member Member Head of the Panel