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Bombay High CourtCA/10087/2016disposed offdismissed for default

Seema Shivaji Shinde And ORS v. Icici Lombard General Insurance Co. Ltd.

2016-11-29Hon'Ble Shri Justice P.R. Bora2 pages

21 ca 10087.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 10087 OF 2016 IN FA/3481/2011 WITH CA/7989/2012 IN FA/3481/2011 SEEMA SHIVAJI SHINDE AND ORS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD.

...

Advocate for Applicants : Dharurkar Chaitanya V Advocate for Respondents : V.N. Upadhye For R/1 ...

CORAM : P.R. BORA, J.

DATE : 29-11-2016.

P.C. :

1.

Heard the learned counsel for the applicants and the learned counsel appearing for the appellant-insurance company. 2.

The applicants are seeking the remittance of the amount of interest on the compensation amount fixed in the names of applicant nos. 2 and 3. The tribunal has directed to deposit Rupees Two Lakhs each in the names of applicant nos. 2 and 3 in F.D.R. in any nationalised bank and the quarterly interest on the said amount is made payable. It is submitted that, this court has not passed any order in so far as the withdrawal of the amount by applicant nos. 2 and 3 or even the withdrawal of the interest amount of the F.D.R.'s in the names of applicant nos. 2 and 3. The learned counsel for the appellant-insurance company submits that, the appellant insurance company may not have any objection for disbursement of the interest amount on the F.D.R.'s. In view of the

21 ca 10087.16.odt submissions so made the following order is passed.

ORDER

i) The amount which is invested in the names of applicant nos. 2 and 3, namely Tejasvini and Shubham, the interest accrued thereon till date shall be paid to applicant no.1.

ii) Civil application stands disposed of.

3.

Hearing of the appeal is expedited. Place the matter for final disposal on 24.01.2017.

(P.R. BORA) JUDGE mub