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Bombay High CourtCA/15658/2022disposed off

Jagruti Milind Naik And Another v. National Insurance Co. Ltd., Thr Branch Manager, Jalgaon And ORS

2023-06-26Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO. 4129 OF 2023 IN FIRST APPEAL NO. 1800 OF 2015 It appears that as per order dated 16th June, 2023, learned Counsel for the applicants has carried out amendment mentioning that the amount, which is deposited by the Respondent-Insurance Company inadvertently in other matter, may be transferred in this appeal and thereafter it be allowed to be withdrawn by the applicants in equal proportion along with proportionate interest.

{2} Insurance Company is not having any strong objection since the main appeal is already disposed of.

In view of the same, following order is passed: (a) The offce is directed to transfer the amount deposited by the Insurance Company inadvertently in First Appeal No.1801 of 2015 along with accrued interest thereon in this appeal forthwith. (b) On such transfer, the present applicants-claimants are permitted to withdraw the aforesaid amount in equal proportion along with proportionate interest accrued thereon till date. (c) Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 4128 OF 2023 IN FIRST APPEAL NO. 1799 OF 2015 The applicants are claiming withdrawal of amount of compensation as mentioned in prayer clause "B". Insurance Company did not raise any strong objection since the appeal is already disposed of.

In view of the same, Civil Application is allowed in terms of prayer clause "B" and disposed of.

{4} CIVIL APPLICATION NO. 15658 OF 2022 IN FIRST APPEAL NO. 1823 OF 2014 WITH CIVIL APPLICATION NO. 15659 OF 2022 IN FIRST APPEAL NO. 1825 OF 2014 The respective applicants are claiming withdrawal of amounts of compensation in both these applications, as mentioned in prayer clauses "B".

Insurance Company did not raise any strong objection since

{5} the appeals are already disposed of.

In view of the same, both these Civil Applications are allowed in terms of prayer clause "B" and disposed of.