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Bombay High CourtCA/13501/2022disposed off

The National Insurance Co Ltd. Thr Its Divisional Manager, Aurangabad v. Mrunal Harsha Navgire And ORS

2022-10-03Hon'Ble Shri Justice Sandipkumar C. More2 pages

( 1 ) 39 ca 13501.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO.13501 OF 2022 IN FA/1707/2013 THE NATIONAL INSURANCE CO LTD. THR ITS DIVISIONAL MANAGER, AURANGABAD

VERSUS

MRUNAL HARSHA NAVGIRE AND ORS ...

Advocate for Applicant : Mr. D. V. Soman Advocate for R/1 : Mr. T. Vinod Advocate for R/3 : Mr. D.R. Jaybhar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE :

3rd October, 2022 P.C.:- Heard learned counsel for the applicant-Insurance Company. Vide order dated 26.09.2022 the learned Registrar (Judicial) of this Court was asked to submit details as how much amount is lying with this Court out of the total amount which the applicant-Insurance Company had previously deposited. As per his report dated 30.09.2022 it appears that amount of Rs.59,741/- is there with this Court. It has already been observed in the earlier order that the original claimant had withdrawn excess amount despite she was entitled only for amount of Rs.80,000/-. The insurance company may take steps to recover whatever the excess

( 2 ) 39 ca 13501.22 amount is there with the original claimant. At present whatever the remaining balance amount is there with this Court out of the entire amount which the Insurance Company had deposited, can be given to it along with the accrued interest thereon till date if any. Hence following order is passed:

ORDER

i) The application is partly allowed and the amount of Rs.59,741/- which is lying with this Court as mentioned in the report of the learned Registrar (Judicial) be paid to the applicant-insurance company along with the accrued interest thereon if any till date.

ii) Application is disposed of.

[SANDIPKUMAR C. MORE] JUDGE mub