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Bombay High CourtCAF/452/2020admittedallwdgrantedrule absolute

Branch Manager, National Insurance Co. Ltd., Nagpur Thr. Regional Manager, Nagpur v. Shri Bakshi S/O @ Watuji Mandhare And Others

2020-09-22Hon'Ble Shri Justice S.M. Modak2 pages

F.A.1976.2019 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.452 of 2020 IN First Appeal No.1976 of 2019 Branch Manager, National Insurance Company Limited Vs.

Shri Bakshi S/o Watuji Mandhare and Others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= None for the Applicant.

Shri Karmarkar, Advocate for Respondent No.1. CORAM : S.M. MODAK, J.

DATE : 22 nd SEPTEMBER, 2020.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper. 2.

Heard learned Advocate Shri Karmarkar for respondent No.1/claimant No.1. No one is present on behalf of the applicant. 3.

The M.A.C.T. has granted compensation to claimant No.1 only. Out of the compensation of Rs.3,40,000/-, the M.A.C.T. directed to deposit Rs.2,00,000/- in the name of claimant No.1 for a period of five years. I think same direction needs to be continued. The respondent No.1 can be paid the remaining amount. Hence the order:-

O R D E R

i. The application is allowed.

ii.The Office is directed to deposit Rs.2,00,000/- in the name of respondent No.1 in any Nationalized Bank

F.A.1976.2019 2/2 for a period of five years with liberty to respondent No.1 to withdraw the amount of interest at quarterly rates.

iii.The Office is directed to pay the remaining amount to respondent No.1. On completing the usual formalities and also on furnishing undertaking, that amount will be returned back if the applicant will succeed in this appeal.

iv.The civil application is disposed of.

4.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE vijay