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Bombay High CourtCAO/420/2022ca disposed off

The Sbi General Insurance Co. Ltd., Through Its Divisional Manager, Andheri (West), Mumbai v. Deepali Wd/O Pradip Lonare And Others

2022-07-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 32 cao 420-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.420/2022 IN CIVIL APPLICATION (CAF) NO.250/2022 (D) IN FIRST APPEAL NO.539/2018 (D) The SBI General Insurance Co. Ltd. through its Divisional Manager Vs.

Smt. Deepali wd/o Pradip Lonare 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 Sawan Alaspurkar, Advocate for applicant. CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/07/ The present application is filed for modification of order dated 02/05/2022. This Court vide order dated 02/05/2022 allowed the application for permission to withdraw the amount of compensation deposited by the appellant in this Court. It was specifically mentioned that respondent No.4 has expired and his legal representatives are already on record. The appeal was dismissed on 21/01/2020. However, while allowing the applicants to withdraw the amount, inadvertently there is no mention of applicant/respondent No.5 who is the mother of deceased Pradip Lonare (victim) who died in vehicular accident. This error is an inadvertent error and needs to be corrected by modifying Clause-(a) in paragraph No.3 of the order dated 02/05/2022.

2.

Accordingly the correction is to be carried out and after word "respondent nos.1 to 3 add "and 5" in clause-(a) in paragraph No.3 of order dated 02/05/2022.

2 32 cao 420-2022 3.

The application (CAO) No. 420 of 2022 is allowed. 4.

Necessary correction to be carried out as referred in para 2 above.

5.

Applicants are entitled to withdraw the amount as per order dated 02/05/2022 in Civil Application No.250/2022. The amount shall be disbursed as per award passed in M.A.C.P. No.265/2013 passed by M.A.C.P. Amravati.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE