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Bombay High CourtCAF/174/2020ca disposed off

Smt.Mangalabai Wd/O Santosh Mandot And 3 Others v. Oriental Insurance Company, Divisional Officer, Akola Through Its Regional Manager And 2 Others.

2020-01-13Hon'Ble Shri Justice Milind N. Jadhav2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CAF NO.174/2020 IN First Appeal No. 351 OF 2005 Smt. Mangalabai wd/o Santosh Mandot and others vs.

Oriental Insurance Company and others .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri S.Thakre, Advocate holding for Shri M.M.Agnihotri, Advocate for the Applicants/Appellants.

Mrs. Mrunal Naik, Advocate for Respondent no.1. CORAM : MILIND N. JADHAV, J.

DATED : 13/01/2020.

Heard Shri Thakre, learned counsel appearing for the Appellants and Mrs.Naik, learned counsel appearing for Respondent no.1-Company.

2.

By order dated 7.1.2019, this Hon'ble Court had partly allowed the above First Appeal and directed Respondent no.1 to deposit the compensation of Rs.8,07,750/- with interest, as stated in the said order. The learned counsel appearing for the Appellants submits that the amount of Rs.14,89,819/- which has been deposited by Respondent no.1 on 7.8.2019 is inclusive of entire interest liability, as directed by this Court and there shall be no further claim also.

3.

For the reasons mentioned in the application and no objection given by learned counsel appearing for Respondent no.1-Company, the Appellants are permitted to withdraw the aforesaid amount deposited by Respondent no.1 in this Court with accrued interest, that may be found to be accrued from 7.8.2019 till the date of withdrawal. The learned counsel appearing for the Appellants informs that Appellant no.1 has expired during the pendency of the appeal. Therefore, Appellant nos.2 to 4 being the legal representatives, were brought on record. Hence, the aforesaid amount may be allowed to be withdrawn by Appellant nos.2 to 4, after due verification by the office in accordance with law.

4.

Civil Application is disposed of.

JUDGE Ambulkar