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Bombay High CourtCA/4927/2024admittedallowedgrantedrule absolute

Annapurnabai Paraji Parde And ORS v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory And ANR

2024-05-30Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:10434 1 ca 4927.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4927 OF 2024 IN FIRST APPEAL NO. 407 OF 2019 Annapurnabai Paraji Parde and others .. Applicants

Versus

The New India Assurance Co. Ltd.

Through its Authorized Signatory and another .. Respondents Shri R. P. Adgaonkar, Advocate h/f Shri S. P. Katneshwarkar, Advocate for the Applicants.

Shri M. M. Ambhore, Advocate for the Respondent No. 1-absent. CORAM : SHAILESH P. BRAHME, J.

(VACATION COURT) DATE : 30TH MAY 2024.

FINAL ORDER :

.

This application is for direction to disburse amount of compensation as per the award of Lok Adalat dated 03.03.2024 in the joint account of applicants which is with Buldhana Urban Cooperative Bank Ltd. Buldhana, Branch at Vasmat. 2.

Learned counsel Mr. Adgaonkar, holding for Mr. S. P. Katneshwarkar for applicants informs that already copy of this application is served and date of hearing is intimated to Mr. M. M. Ambhore, learned counsel for the insurance company. Insurance company has already received an amount of Rs.

2 ca 4927.24 1,00,000/- (Rs. One Lakh only) as per the award of Lok Adalat. For the reasons stated in the application, it is not possible and convenient for applicants to furnish separate accounts for disbursing the amount as per Clause No. 4 of the award dated 03.03.2024.

3.

There is no reason for not accepting the statement made on oath. I do not see that any prejudice would be caused to the respondents. Applicants are unanimous that amount be disbursed to their joint account. In that view of the matter civil application is allowed in terms of prayer clause "B". Civil application is disposed of.

[ SHAILESH P. BRAHME, J. ] bsb/May 24