Bombay High CourtCAF/653/2013dispossed offdismiss for default

National Insurance Co.Ltd., Nagpur Division Office-I Thr. The Regional Manager v. Pushpa Wd/O Ashok Kumar Davnani And Others

2015-01-13Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa506.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.506/2014 National Insurance Co. Ltd.

..Versus..

Pushpa wd/o Ashok Kumar Devnani and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 13.1.2015 Heard Shri D.N. Kukday, learned advocate for the appellant, Ms. M.H. Pathade, learned advocate for the respondents 1 to 4, Ms. Pushpalata Ranjan, learned advocate for the respondent no.5 and Shri V. H. Kedar, learned advocate for the respondent no.6. Admit.

2 fa506.14 Ms. Pathade, learned advocate waives notice for the respondents 1 to 4.

Ms. Ranjan, learned advocate waives notice for the respondent no.5.

Shri V. H. Kedar, learned advocate waives notice for the respondent no.6.

C.A.F. NO.653/2013.

Considering the fact that after the deceased, his widow, his mother and two minor children have to maintain themselves, the respondents 1 to 4 are permitted to withdraw the amount of Rs.9,26,719/- out of the amount deposited by the appellant. The balance amount of Rs.40 Lakhs be invested in fixed deposit in any nationalized bank initially for a period of three years to be renewed thereafter every year till the decision of the appeal. The respondents 1 to 4 shall be paid interest which would accrue on the fixed deposit quarterly. The civil application is disposed of in the above terms.

3 fa506.14 The impugned award shall not be executed against the appellant. However, the respondents 1 to 4 are at liberty to execute the award against the respondent no.5, if so advised, to recover the balance amount as per the award.

JUDGE Tambaskar.