The New India Assurance Co. Ltd. Thru. Regn. Manager v. Sainath Sitaram Kshirsagar And 4 ORS.

1 0505caf1527.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1527 OF 2016 IN FIRST APPEAL NO.741 OF 2007 THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD. VS SAINATH SHRIRAM KSHIRSAGAR & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. J. Pophaly, Advocate for the appellant. Shri P. S. Mirache, Advocate for the respondent No.2. CORAM : A.S. CHANDURKAR, J.

DATED : MAY 05, 2016.

By this application, the respondent No.2 seeks permission to withdraw the amount of compensation deposited by the appellant.

The Motor Accident Claims Tribunal, Nagpur in Claim Petition No.238 of 2004 granted total compensation of Rs.2,90,000/-. An amount of Rs.80,000/- was payable to the respondent No.2 herein. The appeal filed by the Insurance Company has been dismissed on 17-3-2010. In the application, it is stated that the respondent No.2 has become major and hence, she may be permitted to withdraw her share of compensation.

Shri A. J.Pophaly, the learned Counsel for the appellant does not oppose the prayer made in the application. Hence, the application is allowed. The respondent No.2 is permitted to withdraw 1/3rd amount from

2 0505caf1527.16 Rs.2,99,642/- along with accrued interest.

Civil application is disposed of.

JUDGE /MULEY/