Divisional Manager New India Assurance Co. Ltd., Thr. Regional Manager, Nagpur v. Seema W/O Anand Jain And Others

17 caf 2207-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 2207/2023 IN FIRST APPEAL NO. 208/2023 Divisional Manager New India Assurance Co. Ltd. Through its Regional Office, Nagpur Vs.

Seema W/o Anand Jain and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Ms Anita Mategaonkar, Advocate for appellant Ms M.H. Pathade, Advocate for respondent Nos. 2 to 6 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 09/08/2023 Present application is filed by respondent Nos. 2 to 6 for grant of permission to withdraw the decreetal amount. It is submitted that the Tribunal has granted compensation to the respondent Nos. 2 to 6 of Rs.66,77,781/- along with 7.5% interest per annum. The Insurance Company has deposited Rs.92,11,829/- on 16/11/2022.

2.

It is submitted that respondent No.2 is the widow of deceased Anand, respondent Nos. 3 and 6 are minor daughters and respondent Nos.4 and 5 are aged parents. They are without any compensation. I have gone through the application. It would be appropriate at this stage Jayashree..

17 caf 2207-2023.odt to allow the claimants/respondent Nos. 2 to 6 to withdraw 25% of the amount along with accrued interest. Out of the said amount, respondent No.2/ claimant shall fix Rs.2,00,000/- each in the name of minors in any nationalize bank till they attained the age of majority.

3.

Nazir is directed to disburse the amount after due verification of bank details in favour of respondent Nos. 2 to 6.

4.

It is open to the learned Counsel for respondent Nos. 2 to 6 to move to this Court if contingency arise for further release of compensation.

5.

One week time is granted to appellant to supply copy for issuance of notice to respondent No.1. 6.

Six weeks time is granted to file private paper book.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..