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Bombay High CourtCAF/2224/2025disposedoff

The Oriental Insurance Co. Ltd., Amravati Thr. Regional Manager, Nagpur v. Nisha Pravinrao Chaudhary And Others

2025-06-30Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2224 OF 2025 IN CIVIL APPLICATION (CAF) NO 469 OF 2023 IN FIRST APPEAL ST NO. 3015 OF 2023 (The Oriental Insurance Co Ltd Vs. Nisha Pravinrao Chaudhary 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.D.N. Kukday, Advocate for appellant.

Mr. M.V. Raut, Advocate for respondent Nos. 1 to 5. CORAM : ABHAY J. MANTRI, J.

DATED : 30-06-2025 Heard.

2.

Applicants/respondent Nos. 1 to 5 have filed this application to permit them to withdraw the amount of compensation deposited by the appellant in this Court. In response, learned counsel for the appellant has given no objection to allowing them to withdraw 50% of the amount on the usual undertaking.

3.

Considering the reasons stated in the application as well as no objection of learned counsel for the appellant, the application is partly allowed. Applicant Nos. 1, 2, 4, and 5 are permitted to withdraw 50% of the compensation amount, along with accrued interest thereon, upon the usual undertaking.

4.

Registrar (J) is directed to transfer 50% of the amount, along with accrued interest thereon, in favour of applicants Nos. 1, 2, 4, and 5 in accordance with the award, within four weeks upon their furnishing of bank account details to the Registry. The compensation amount for the share of applicant No. 3 shall be kept in a fixed deposit till she attains majority.

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It is made clear that, in view of the Power of Attorney tendered by applicant No. 5, who is the wife of applicant No. 4, applicant No.4 is exempt from appearing before the registry for personal verification. The application is disposed of.

6.

Learned counsel for appellant undertakes to take steps to serve respondent Nos. 6 and 7 within two weeks.

(ABHAY J. MANTRI, J.) Belkhede