National Insurance Co. Ltd., Kolkata Branch Office At Bhandara Thr. Regional Manager, Nagpur v. Ku. Rakhi D/O Prabhudas Ramteke And Others

13. CAF 2853.2019 in FAst 11369.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2853 OF 2019 IN FIRST APPEAL (ST.) NO. 11369 OF 2019 National Insurance Co. Ltd., Kolkata thr. Regional Manager, Nagpur ...VERSUS...

Ku. Rakhi D/o. Prabhudas Ramteke and others ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Anita Mategaonkar, Advocate for appellant. Shri Anil A. Dhawas, Advocate for respondent no. 1/applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th AUGUST , 2022.

Await service against respondent no. 2.

2.

The learned counsel appearing for the appellant to take steps to serve respondent no. 2.

3.

Stand over after four weeks.

CIVIL APPLICATION (CAO) NO. 245 OF 2022 The present application is filed by applicant/respondent no. 1 for grant of permission to withdraw the amount. 2.

The appellant has deposited the sum of Rs. 3,48,475/- with the Registry of this Court.

3.

Learned counsel appearing for the appellant vehemently opposed the application. However, she submits that if this Court is of the view to allow the present application, then allow the applicant/respondent no. 1 to receive the amount towards medical expenses only.

13. CAF 2853.2019 in FAst 11369.2019 4.

The learned counsel appearing for applicant/respondent no. 1 submits that total amount towards medical expenses is Rs. 1,81,500/-.

5.

As such, the application is partly allowed.

6.

Applicant/respondent no. 1 is hereby permitted to withdraw the amount of Rs. 1,81,500/- along with accrued interest. 7.

Registry is directed to disburse the amount in the account of applicant/respondent no. 1 after verification of bank details. 8.

The applicant/respondent no. 1 to furnish undertaking to the effect that if the appellant succeeds in the matter, she will refund the amount, as per the order which would be passed in the present appeal.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar