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Bombay High CourtCAF/2363/2023ca disposed off

The New India Assurance Co. Ltd., Thr. Its Regional Manager, Nagpur v. Lakshmi Wd/O Sandeep Telgote And Others

2023-08-19Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 16 caf 1433-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2363/2023 IN FIRST APPEAL ST. NO.9880/2022 New India Assurance Company Limited, Akola thr. Its. Regional Manager, Nagpur Vs.

Laxmi wd/o Sandeep Telgote and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sandeep Marathe, Advocate for appellant Shri S.D. Chopde, Advocate for respondent Nos.1, 3 and 4 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

19/08/ The present application is filed for grant of permission to withdraw the amount of compensation deposited by the appellant/Insurance Company. It is submitted that the accident is of 18/12/2016 and claimants are without any compensation.

2.

The application is opposed by the learned Counsel for appellant. To meet the end of justice, it will be appropriate to allow the applicants to withdraw 50% of amount on furnishing usual undertaking to the effect that if appellant would succeed in the appeal, he will redeposit the amount as per final order which would be passed at the time of disposal of appeal.

3.

The Nazir is directed to disburse 50% amount of compensation in proportion as directed in the

2 16 caf 1433-2022 award on furnishing undertaking as referred above. 4.

The respondents are directed to invest Rs.2,00,000/- (Two Lakhs Only) in the name of minor in any nationalized bank.

JUDGE R.S. Sahare