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Bombay High CourtCAF/250/2022ca disposed off

The Sbi General Insurance Co. Ltd., Through Its Divisional Manager, Andheri (West), Mumbai v. Deepali Wd/O Pradip Lonare And Others

2022-05-02Hon'Ble Shri Justice M.S. Karnik2 pages

1 41 caf 250.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 250 OF 2022 IN FIRST APPEAL NO. 539 OF 2018 (D) The SBI General Insurance Co. Ltd., thr.its Divisional Manager ..vs..

Smt. Deepali wd/o Pradip Lonare and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H. N. Verma, Advocate for the appellant. Shri S.S. Alaspurkar, Advocate for respondent nos. 1 to 3/applicant.

CORAM :

M.S. KARNIK, J.

DATED :

02/05/2022.

This is an application for permission to withdraw the amount of compensation deposited by the appellant in this Court.

2.

The respondent no. 4 has expired. The legal heirs of respondent no. 4 are already on record. The appeal is already decided on 21.01.2020.

3.

For the reasons mentioned in the application, the application deserves to be allowed and same is allowed on the following terms :

Corrected as per order dated 06/07/2022.

(a) The applicants/respondent nos. 1 to 3 and 5 are permitted to withdraw the amount of Rs.19,26,197/- deposited in this Court along with the statutory deposit of Rs.25,000/- before the Reference Court. (b) The sum of Rs.2,00,000/-(Two Lakhs Rupees only), in terms of the Judgment and Award of the Tribunal be transferred to the M.A.C.T., Amravati.

2 41 caf 250.2022 (c) The M.A.C.T. Amravati, to invest the sum of Rs.2,00,000/- (Two Lakhs Rupees only) in terms of the Judgment and Award in Fixed Deposit in any Nationalized Bank in the name of respondent no. 2 who is the minor, till she attains the majority and as per the clause (iii) of the operative portion of the judgment and award dated 06.01.2018 passed by the Tribunal.

4.

The application is disposed of accordingly.

JU DGE Trupti TRUPTI SANTOSHJI AGRAWAL 13.07.2022 11:33