The Oriental Insurance Co. Ltd. Nagpur v. Suresh S/O Kawaduji Choudhary And Others

921 caf1237.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1237 OF 2019 IN FIRST APPEAL NO. 985 OF 2018 The Oriental Insurance Co. Ltd., Nagpur.

Vs.

Suresh Kawduji Choudhary and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A. Hussain, counsel for the respondent Nos. 1 and 2. CORAM: ARUN D. UPADHYE , J.

DATE: 15-03-2019.

Heard learned counsel for the respondent Nos. 1 and 2. Perused the application. It appears that matter is settled amicably between the parties in Lok Adalat held on 08.09.2018. It further appears that 50% amount of compensation is already deposited by the appellant in this Court and as per the compromise, the appellant was required to deposit remaining amount within 60 days from the date of compromise between the parties.

The appellant/Insurance Company has deposited remaining amount with accrued interest in this Court. After perusal of the impugned award, it appears that 50% amount of compensation is directed to be deposited in Nationalized Bank for five years, as per the order dated 07.07.2016.

Considering the above facts and circumstances of the case and to protect the interest of the respondent Nos. 1 and 2, I am of the view that 50% amount to be deposited in Fixed

921 caf1237.19.odt Deposit for two years. As already three years are expired, remaining amount of 50% amount be paid to the respondent Nos.1 and 2 by proper identification.

Civil Application is allowed.

JUDGE rkn