Bombay High CourtCAF/706/2021ca disposed off

Bharti Axa General Insurance Co. Ltd., Nagpur Branch, Nagpur Thr. Its Manager v. Ujwala Wd/O Chandrakant Gore And Others

2021-06-11Hon'Ble Shri Justice S.M. Modak2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 706/2021 IN FIRST APPEAL NO. 1366/2019 (D) Bharti Axa General Insurance Co. Ltd. V/s Ujwala wd/o Chandrakant Gore and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri B.S.Mandhare, Advocate h/f Shri P.S. Mirache, Advocate for Respondent Nos. 1 to 3 and 5.

CORAM : S.M. MODAK, J.

DATE : 11.06.2021 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper. 2] The matter is settled in the Lok-Adalat on 14.12.2019. The appellant/Insurance Company has deposited an amount of Rs. 11,24,545/- + statutory deposit of Rs. 25,000/-. 3] As per the terms of compromise, the appellant has to get refund of Rs. 50,000/- and rest of the amount was agreed to be appropriated to respondent Nos. 1 to 3. There is an order for withdrawal of 50% of the deposited amount as per the order dated 11.10.2019. It is submitted that, the said 50% amount is not withdrawn. The respondent No.4 - Nagorao expired on 18.11.2014 and respondent No.5 - Kamla expired on 19.01.2019. As such only respondent Nos. 1 to 3 are entitled. The amount is to be transferred

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2/2 in the bank account of respondent No.1. Hence, the direction :- DIRECTION a] The Office is directed to calculate the interest on Rs. 11,24,545/- and on amount of Rs. 25,000/-. b] The office is directed to transfer an amount of Rs. 10,99,545/- in the bank account of Respondent No.1 along with accrued interest on the said amount on personal identification. c] The office is directed to transfer an amount of Rs. 50,000/- along with accrued interest in the bank account of the appellant. d] Civil Application is disposed of.

(S.M.Modak,J.) rkn