The Divisional Manager, United I. Insu. Co. Ltd. v. Smt. Vijaya Chatrapal Vishwakarma And 3 ORS.

03ca70.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 70 OF 2021 IN FIRST APPEAL NO. 455 OF 2008 (United India Insurance Co. Ltd. Vs. Smt. Vijaya wd/o Chatrapal Vishwakarma & ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri B. Lahiri, Advocate for the appellant.

Shri S.W. Kolhe, Advocate h/f Shri S.S. Deshpande, Advocate for the respondent Nos. 1 & 2.

CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- AUGUST 06, 2021 Heard.

By way of this application the appellant/applicant-Insurance Company seeks withdrawal of the excess amount which is deposited with the Registry of this Court.

It is stated that as per Judgment and Award dated 19/12/2007 passed by learned Motor Accident Claims Tribunal, Nagpur, respondent Nos. 1 and 2 were entitled to receive compensation amount of Rs.1,00,000/- (Rs. One lacs only) along with interest at the rate of 7.5% per annum from the date of petition i.e. 22/03/2006 till the realization.

The office note shows that appellant has deposited an amount of Rs.25,000/- on 04/04/2008,

03ca70.21.odt Rs.1,03,173/- on 03/06/2008 and Rs.1,35,498/- on 06/11/2009.

It is further stated that Rs.1,00,000/- with interest was already withdrawn by respondent Nos. 1 and 2.

The Registry is directed to release the balance amount with accrued interest thereon in favour of the appellant/Insurance Company.

The application stands disposed of.

JUDGE *DB