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Bombay High CourtCA/1721/2020disposed offdismissed for default

Ravindra Nana Panchghate And ORS v. United India Insurance Company Ltd Through Div. Manager, Aurangabad And ORS

2020-02-12Hon'Ble Shri Justice V.L. Achliya2 pages

CA 1721/20 in FA 1774/11 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.1721 OF 2020 IN FA/1774/2011 RAVINDRA NANA PANCHGHATE AND OTHERS

VERSUS

UNITED INDIA INSURANCE COMPANY LTD. THROUGH DIVISIONAL MANAGER, AURANGABAD AND OTHERS ...

Advocate for Applicants : Shri D.B. Dangode h/f Shri Jayabhar Dattatraya R. Advocate for Respondent no.1 : Shri S.V. Kulkarni Advocate for Respondent nos.2 & 3 : Shri V.A. Dhakne CORAM: V.L. ACHLIYA, J.

DATE: 12.02.2020 PER COURT :

1] The application is fled seeking transfer of amount to M.A.C.T., Beed, in view of disposal of appeal.

2] Heard learned counsel for the applicants - claimants and the Advocate representing the insurance company. Perused the judgment and order passed by this Court. Vide judgment and order dated 26.11.2019, appeal preferred by the appellant - insurance company was partly allowed. The appellant - insurance company is permitted to recover the amount of Rs.4,00,000/- together with interest from respondent no.3 - owner of vehicle after paying the amount to the claimants. Learned counsel for the appellant - insurance company submits that the appellant has fled execution of

CA 1721/20 in FA 1774/11 - 2 - award i.e. to recover the amount from owner of the vehicle. 3] In view of disposal of appeal, the application is allowed in terms of prayer clause (B). Registry is directed to transmit the amount deposited and invested together with interest to M.A.C.T., Beed, to be adjusted towards satisfaction of award in M.A.C.P. No.97/2009.

4] Civil application is disposed of.

(V.L. ACHLIYA, J.) ndk/c1222038.doc