Bombay High CourtCAF/554/2015admittedallwdgrantedrule absolute

United India Insurance Company Ltd. Through Regional Manager, Nagpur v. Smt. Vimal Wd/O Manohar Mukey (Dead), And Others

2015-03-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf554.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.554 OF 2015 IN FIRST APPEAL NO.485 OF 2002 (D) (United India Insurance Company Ltd. ..vs.. Smt. Vimal wd/o Manohar Mukey (dead) and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the appellant, Shri K.S. Malokar, Advocate for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 04-03-2015 The application is filed by the original respondent Nos.2 and 3 praying that the amount of compensation deposited by the appellant with the Registry of this Court be given to them. It is submitted that the respondent No.1 died on 09-04-2007 and the respondent Nos.2 and 3 are the legal heirs of the respondent No.1 and are entitled for receiving the amount of compensation. The respondent No.2 be given 50% of the amount of compensation along with interest and the respondent No.3 be given 50% of the amount of compensation alongwith interest. The amount be given to the respondent Nos.2 and 3 after they file separate undertakings to the satisfaction of the Registrar (Judicial) of this Court that in case some other person makes a claim on the ground that he/she is legal representative of the respondent No.1, they will re-deposit the amount as would be determined, with the

2 caf554.15 Registry of this Court with interest.

The civil application is allowed in the above terms. This order is passed accepting the statement made by the respondent Nos.2 and 3 in the application that they are the legal heirs of the respondent No.1. JUDGE pma