Bombay High CourtCAF/1224/2019ca disposed off

The New India Assurance Co. Ltd., Through Manager, Nagpur v. Smt. Kanchan Wd/O Pankaj Makasare And Others

2019-03-22Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2203caf1224.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1224/2019 IN FIRST APPEAL NO.329/2018 The New India Assurance Company Ltd. Through Manager, Nagpur ...Versus...

Smt. Kanchan wd/o Pankaj Makasare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Anita Mategaonkar, Counsel for appellant Shri Asghar Hussain, Counsel for respondent nos.1 to 5/applicants CORAM : ARUN D. UPADHYE, J.

DATE : 22/03/2019 Heard.

Perused the order dated 30/11/2018 passed by this Court. It appears that already amount of Rs.17,37,715/- is deposited by the appellant in this Court.

The office to comply the directions given in the order dated 30/11/2018 passed by this Court.

So far as balance amount is concerned, the learned Counsel for the respondent nos.1 to 5 has submitted that the office has difficulty to disburse the amount and therefore, specific directions be given to that effect. Considering the submissions of the learned Counsel for the respondent nos.1 to 5 and after perusal of the

2203caf1224.19.odt order dated 30/11/2018 passed by this Court and after perusal of the impugned judgment and award, it appears that as per the order of the Tribunal, the respondent nos.1 and 2 are entitled for Rs.4,50,000/- each, the respondent nos.3 and 4 are entitled for Rs.1,41,000/- each and the respondent no.5 is entitled for Rs.15,000/-. Hence, the remaining amount be disbursed to the respondent nos.1, 3, 4 and 5 accordingly. If any amount remains to be disbursed, separate order will be passed for disbursing the same. Till then, the said amount be kept in fixed deposit.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.