Divisional Manager, New India Assurance Co. Ltd., Sagar Thr. Nagpur D.O., West High Court, Dharampe v. Dhrupadi Vinod Shrivas

1 8CAF962.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 962 OF 2025 IN FIRST APPEAL NO. 64 OF 2012 (The Divisional Manager, New India Insurance Co Ltd, Sagar Vs. Dhrupadi wd/o Vinod Shriwas and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.J. Pophaly, Advocate for appellant.

Mr. A.D. Ramteke, Advocate for respondent No. 3. CORAM : ABHAY J. MANTRI, J.

DATED : 07-07-2025 Heard.

2.

The applicant/original claimant No. 3 in Claim Petition No. 1135/2006 has moved this application for permitting him to withdraw the compensation amount since he has attained the age of majority. 3.

It appears from the record that the learned Tribunal by order dated 26.3.2010 has partly allowed the claim petition and awarded the compensation in favour of the claimants/respondents therein. Being aggrieved by the said judgment and award, the Insurance Company preferred an appeal before this Court, which was dismissed by an order dated 19.07.2017.

4.

It further appears that by order dated 26.03.2010, original claimant No. 1 and original respondent No. 4 were permitted to withdraw the compensation amount of their share. It further seems that vide order dated 24.08.2021, this Court has permitted the withdrawal of the compensation amount to the share of respondent No. 2, Akansha @ Pooja, and to keep it in a fixed deposit.

2 8CAF962.2025..odt 5.

Now, the applicant has attained majority. Accordingly, he has annexed a school-leaving certificate and PAN card, along with a civil application, wherein his date of birth is mentioned as 29.06.2006. Having considered the same, the application is allowed as prayed. The applicant is permitted to withdraw the amount as per the order dated 26.3.2010 passed by the learned Tribunal, as well as the order dated 19.07.2017 passed by this Court.

6.

The Registrar (J) is directed to transfer the said amount to the applicant's bank account, along with the accrued interest, within four weeks upon furnishing the bank account details to the Registry. (ABHAY J. MANTRI, J.) Belkhede