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Bombay High CourtCAF/1151/2020admittedallwdgrantedrule absolute

Reliance General Insurance Co. Ltd., Nagpur Divisional Office, Nagpur v. Smt. Kavita Anil Lokhande And Others

2020-08-25Hon'Ble Shri Justice Manish Pitale2 pages

1 caf1151-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.1151 of 2020 in First Appeal No. 181 of 2020 Reliance General Insurance Co. Ltd. Vs. Kavita Anil Lokhande and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.N. Kukday, Advocate for the appellant Mr. V.L. Jaiswal, Advocate for the respondents No.1 to 3 CORAM :MANISH PITALE, J.

DATED : AUGUST 25, 2020 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

This is an application filed on behalf of respondents No. 1, 2 and 3 seeking permission to withdraw 50% of the amount deposited by the appellant - insurance company in this Court. 3.

The learned counsel appearing for the appellant - insurance company has invited attention of this Court to the operative portion of the impugned judgment and order passed by the Tribunal and it is submitted that since the entire amount of compensation granted to respondent No.3 is to be kept in fixed deposit even as per the impugned order, the present application could be partly allowed in so far as respondents No.1 and 2 are concerned. It is submitted that 35% of the amount deposited by

2 caf1151-2020.odt the appellant in the Court could be permitted to be withdrawn by the respondents No.1 and 2. The learned counsel for the respondents submitted that this Court could pass appropriate orders in that context.

4.

In view of above, the application is allowed and the respondents No.1 and 2 are permitted to withdraw 35% of the amount deposited in this Court subject to filing usual undertaking. 5.

The application is disposed of.

JUDGE MP Deshpande