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Bombay High CourtCA/3692/2024admittedallowedgrantedrule absolute

Asmita Arvind Khandare And Others v. National Insurance Co. Ltd., Thr Its Branch Manager, Nanded

2025-01-02Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:36 1 19 ca 3692-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 3692 OF 2024 IN FA/949/2022 ASMITA ARVIND KHANDARE AND OTHERS

VERSUS

NATIONAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, NANDED ...

Mr. Muneshwar G. K., Advocate for Applicants Mr. V. R. Mundada, Advocate for Respondent Nos.1 & 2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 02/01/2025.

P. C. :

1.

This is an application for modification of the order dated 03/11/2023, passed by this court in civil application No.14691 of 2022. The tribunal vide judgment and award dated 01.01.2022, had directed the opponents to pay compensation to the applicants to the extent of Rs.12,09,600/- out of Rs.24,89,200/-. The learned counsel for the applicants pointed out that already the amount of compensation is disbursed to the claimant Nos.4 & 5. The amount for which applicant Nos.2 & 3 are entitled, is also kept in fixed deposit. He further pointed out that only applicant No.1 Asmita w/o Arvind Khandare is now entitled for the remaining amount.

2 19 ca 3692-24 2.

Considering the averments made in para 2 of the application, it appears that an amount of Rs.15,58,444/- with statutory deposit of Rs.25,000/- has been deposited in this Court. 3.

In view of the above, applicant No.1 / claimant -Asmita is entitled to withdraw 50% amount out of the aforesaid amount of Rs.15,58,444/-, alongwith accrued interest thereon. 4.

Application is disposed of accordingly.

( SANJAY A. DESHMUKH, J. ) VS Maind/-