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Bombay High CourtCAF/485/2018disposedoff

Vandanatai Wd/O. Ashok Ghangare And Others v. Randhirsingh S/O. Sh. Chandansingh And Another

2018-03-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf485.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 485 OF 2018 AND FIRST APPEAL NO. 715 OF 2017 (VANDANATAI ASHOK GHANGARE & OTH...VS.. RANDHIRSINGH CHANDANSINGH & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Monali H. Pathade, Advocate for Applicants/Appellants. Shri S.N.Dhanagare, Advocate for Respondent No.2. CORAM : Z.A.HAQ, J.

DATED : MARCH 26, 2018.

CIVIL APPLN.NO.485/2018.

The claimants have filed this application seeking permission to withdraw the amount which is deposited by the Insurance Company and is kept in fixed deposit under orders of the Tribunal. The submission on behalf of the claimant is that the fixed deposit has matured and the Tribunal is not in a position to pass any order regarding disbursement of the amount as the record and proceedings are with the Registry of this Court.

The Registry is directed to send back the R ecord and P roceedings immediately. On receipt of the Record and Proceedings, the Tribunal shall pass appropriate orders regarding disbursement of the amount, which is kept in fixed deposit.

It is submitted that the award passed by the Tribunal is challenged only by the claimants praying for

2 caf485.18 enhancement of the amount of compensation and the Insurance Company and/or owner of the vehicle have not challenged the impugned award. The Tribunal to note this fact while passing the orders regarding disbursement of the amount kept in the fixed deposit.

After order regarding disbursement of the amount is passed, the Tribunal shall immediately send the R & P back to the Registry of this Court.

The civil application is disposed accordingly. No costs.

FIRST APPEAL NO. 715/2017.

The learned advocate for the appellants/ claimants and learned advocate for the respondent No.2/Insurance Company jointly request that the matter be placed before the National Lok Adalat scheduled on 14th April, 2018.

Office to place the matter before National Lok Adalat at Nagpur, scheduled on th April, 2018 .

The appellants /claimants and the authorized representatives of the respondent No.2/Insurance Company shall remain present before the National Lok Adalat on 14th April, 2018 at 11.00 a.m.

JUDGE RRaut..