United India Insurance Company Ltd. Through Its Manager v. Chandrakala Wd/O Ghansham Behaniya And 5 Others

fa.684.11 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1196 of 2020 in First Appeal No.684 of 2011 (D) United India Insurance Co. Ltd.

vs.

Chandrakala wd/o Ghansham Behaniya & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri B.S. Mandhare, Advocate h/f Shri P.S. Mirache, Advocate for Applicants-Respondent Nos.1 to 4 & 6.

None for the Appellant.

CORAM : S.M. MODAK, J.

DATE : 5 th JANUARY, 2021.

Heard.

02] The Claims Tribunal, Nagpur has quantified the amount of compensation to the tune of Rs.3,97,000/- including 'no fault liability' and interest at the rate of 7.5% per annum. Rs.50,000/- each has to be given to the original petitioner Nos.2 to 4/ present respondent Nos.2 to 4, and remaining amount is to be paid to the original petitioner No.1-present respondent No.1 and original petitioner No.3-present respondent No.6.

03] The appeal filed by the Insurance Company was withdrawn by it on 20/04/2018. Amounts of Rs.4,76,417/- and Rs.25,000/- have been deposited in this Court. Out of that, Rs.2,00,000/- has already been withdrawn by respondent Nos.1, 3 & 4. Now, respondent Nos.1 to 4 & 6 want to withdraw the remaining amount. It is contended that respondent No.6-Gayabai and respondent No.2-Sachin have

fa.684.11 2/2 consented other respondents to withdraw the amount through Indian Overseas Bank's Account No.7609. 04] In view of that, the following order is passed:

 The Nazar is directed to transfer the remaining amount after considering earlier withdrawal of Rs.2,00,000/- along with the accrued interest in the aforementioned bank account, on personal identification of respondent Nos.1, 3 & 4.

 Office to verify about that consent prior to allowing the withdrawal.

 The application is disposed of.

JUDGE *sandesh