Bombay High CourtCAO/220/2022allowed

Iffco-Tokio General Insurance Co. Ltd., Nagpur v. Malabai Wd/O Vasantrao Jambhule And Others

2022-03-28Hon'Ble Shri Justice V. G. Bisht3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (O) NO. 220 OF 2022 IN CIVIL APPLICATION (F) NO. 2713 OF 2019 IN FIRST APPEAL NO. 1277 OF 2019 THE MANAGER, IFFCO-TOKYO GENERAL INS. CO. LTD.

VERSUS

MALABAI WD/O VASANTRAO JAMBHULE 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 appellant.

Shri B. S. Mandhare, Advocate h/f Shri P. S. Mirache, Advocate for respondent Nos.1 and 2.

CORAM : V. G. BISHT, J.

DATE : 28/03/2022 Heard.

The respondent Nos.1 and 2 have filed this application.

This Court had granted permission to the respondent Nos.1 to 5 to withdraw 50% amount on usual undertaking vide order dated 09/08/2019 in Civil Application No.2713/2019. It is stated in the application that due to dispute, respondent Nos.1 and 2 separately filed Civil Application for modification of order dated 09/08/2019 and had sought permission to withdraw the amount of compensation in separate accounts of all the claimants vide order dated 18/01/2022.

By order dated 09/08/2019, this Court had allowed respondent Nos.1 to 5 to withdraw 50% of the compensation deposited by the appellant as per the directions of the learned Tribunal.

It is further stated in the order dated 18/01/2022 that due to inter se dispute amongst the respondent Nos.1 to 5, the amount payable to these respondents be transferred in their individual accounts as per their respective shares. The respondent Nos.1 and 2 has submitted in this application that due to mistake, amount of Rs.6,55,430/- is mentioned instead of Rs.8,55,430/- in Para No.4 of the order dated 18/01/2022 and also, amount in the table as under :- Nos.

Compensation Respondent No.1 Rs.5,05,430/- With proportionate interest accrued thereon Respondent No.2 Rs.37,500/- With proportionate interest accrued thereon Respondent No.3 Rs.37,500/- With proportionate interest accrued thereon Respondent No.4 Rs.1,12,500/- With proportionate interest accrued thereon Respondent No.5 Rs.1,12,500/- With proportionate interest accrued thereon The office is directed to correct the amount of Rs.6,55,430/- instead of Rs.8,55,430/- in Paragraph No.4 of order dated 18/01/2022 and also, it is required to correct the amount in table as above.

In view of above, the civil application is allowed and disposed of accordingly.

[ V. G. BISHT, J. ] Choulwar VITHAL MAROTRAO CHOULWAR Date: 2022.03.29 16:29:12 +0530 VITHAL MAROTRAO CHOULWAR