Bombay High CourtCAF/222/2024allowed

United India Insurance Co. Ltd., Bhandara., Through Its Regional Manager, Nagpur v. Smt. Arati Wd/O Pramod Bhujade And Others

2024-03-14Hon'Ble Shri Justice Anil L. Pansare2 pages

1 caf 222.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 222 of 2024 in First Appeal No.

of 20 [United India Insurance Co.Ltd., Bhandara through its Regional Manager, Nagpur ..vs.. Smt. Arati Wd/o Pramod Bhujade and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Achla Kashikar, Advocate for the applicants/respondent nos. 1 to 4 Mr. C. A. Anthony, Advocate for the appellant Mr. N. R. Bhishikar, Advocate for respondent no. 5 CORAM : ANIL L. PANSARE J .

DATED : 14-03 -202 By the present application, respondent nos. 1 to 4 - original claimants are seeking permission to withdraw amount of Rs. 30,00,000/- deposited in this Court and Rs. 82,66,832/- deposited in the trial Court. Learned counsel for the appellant - insurance company submits that the challenge is to the extent of granting enhanced compensation to the tune of Rs. 30,00,000/- approximately. He thus submits that the insurance company has not challenged the compensation granted by the Tribunal to the extent of Rs. 82,00,000/- approximately.

In view of the above, respondent nos. 1 to 4 - original claimants are permitted to withdraw amount of Rs. 82,66,832/- deposited in the trial Court along with interest accrued thereon upon filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. The application is allowed in aforesaid terms.

2 caf 222.2024.odt First Appeal No. 440 of 2023 Heard.

Admit.

Call R & P.

Once R & P is received, the appellant shall file private paper book within eight weeks thereafter. Learned counsel Mr. Achla Kashikar waives notice for respondent nos. 1 to 4 and learned counsel Mr. N. R. Bhishikar waives notice for respondent no. 5. Process the appeal in accordance with rules.

(Anil L. Pansare, J.) wasnik