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Bombay High CourtCAF/544/2023ca disposed off

Bajaj Allianz General Insurance Co. Ltd., Pune Thr. Authorized Signatory, Nagpur v. Smt. Shashikala @ Sushila Wd/O Dharma Rathod And Others

2023-03-06Hon'Ble Justice Urmila Joshi Phalke1 pages

13 CAF-544-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.544 OF 2023 IN FIRST APPEAL NO.

OF 2019 (D) [Bajaj Allianz General Insurance Co. Ltd. ..V/s.. Smt. Sheshikala @ Sushila Dharma Rathod and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr D. N. Kukday, Advocate for Applicant/Appellant. Mr S. Alaspurkar, Advocate for Respondent Nos.1 to 4. Mr V. Daigavane, Adv. h/f Mr A. M. Ansari, Advocate for Respondent Nos.8 and 9. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 6 th MARCH , 202 3 .

.

By this application, the original claimants are seeking directions to disburse the amount to them equally by apportionment of their share as 1/4th.

2.

The first appeal is already disposed of as withdrawn in the National Lok Adalat dated 07.05.2022. Initially, there were six claimants. During pendency of the appeal, claimant No.5 Shardabai Sukhdeo Rathod and claimant No.6 Sukhdeo Zabu Rathod, who are the parents of the deceased died. So their share is to be divided between the claimant Nos.1 to 4.

3.

In view of that claimants are entitled to receive the compensation amount as 1/4th each. The Registry to disburse the amount equally as 1/4th to all the claimant Nos.1 to 4 alongwith accrued interest. Amount be disbursed on due identification and verification.

4.

Civil Application No.544 of 2023 is disposed of. JUDGE TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE