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Bombay High CourtFA/183/2018dismissed as withdrawn

Reliance General Insurance Co. Ltd. Thr. Authorized Officer, Nagpur v. Smt. Malutai Wd/O Damodhar Somankar And Others

2021-03-11Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 4 fa 183.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 183 OF 2018 Reliance General Insurance Co. Ltd., thr. its authorized Officer vs.

Smt. Malutai wd/o Damodhar Somankar and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the Appellant. Shri P.P. Pendke, Advocate for Respondent No.1. Shri R.M. Tahaliyani, Advocate for Respondent nos. 4 and 5. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 11/03/2021 The Appellant has filed Pursis for withdrawal of the Appeal. Learned Counsel for the Appellant states that the Appellant be permitted to withdraw the Appeal with refund of court fee.

2.

He submits that the entire amount of compensation has been deposited and that the same be disbursed to the Claimants.

3.

In the light of the said statements made in the Pursis as well as by learned Counsel for the Appellant, the Appeal is dismissed as withdrawn.

4.

Court fee permissible under the Rules be refunded.

5.

40% of the amount deposited by the Appellant-Insurance Company, along with proportionate interest accrued thereon, be paid to the Claimant no.1 - Malutai Somankar. Since the Claimant no.2 is a minor,

2 4 fa 183.2018 balance 60% amount with proportionate interest be invested in his name in any nationalized bank, initially for a period of 6 years with further renewal till such time he attains the age of majority.

JUDGE Trupti