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Bombay High CourtCAF/1195/2020ca disposed off

National Insurance Co. Ltd. Npro Through Its Regional Manager v. Ramrao S/O Gulabrao Banait And 2 Others

2020-12-01Hon'Ble Shri Justice S.M. Modak2 pages

caf.1195.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1195 of 2020 in First Appeal No.1095 of 2015 (D) The National Insurance Co. Ltd.

vs.

Ramrao s/o Gulabrao Banait & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. S.D. Chaudhari, Advocate h/f Shri P.S. Mirache, Advocate for Applicant/Respondent No.2.

None for the Appellant.

CORAM

: S.M. MODAK, J.

DATE : 1 st DECEMBER, 2020.

Heard learned Advocate Ms. S.D. Chaudhari for respondent No.2 - Nirmala Banait.

02] Respondent No.2 along with her husband respondent No.1 - Ramrao Banait asked for compensation before the Motor Accident Claims Tribunal. It was on account of death of Ratnakar s/o Gulabrao Banait, who was brother of respondent No.1. The Tribunal has held that respondent No.1- Ramrao is entitled for compensation of Rs.3,03,000/- along with other benefits. The Insurance Company challenged this judgment, but could not succeed. This Court

caf.1195.20 2/2 as per the judgment dated 08/11/2019 was pleased to confirm the decision of the Tribunal. When the appeal was pending, respondent No.1 - Ramrao expired. Respondent No.2 - Nirmala is the only legal representative. 03] The Insurance Company has deposited an amount of Rs.3,22,381/- and Rs.25,000/-. It is submitted that earlier the respondents have not withdrawn any amount. Hence, the directions :

i.

The Nazar is directed to transfer amounts of Rs.3,22,381/- and Rs.25,000/- along with the interest accrued thereon in the bank account of respondent No.2 - Nirmala Ramrao Banait as per rules. (This order is passed under an assumption that earlier the amounts are not withdrawn).

ii.

The application is disposed of.

JUDGE *sandesh