The National Insurance Co. Ltd. Nagpur Through Regional Manager v. Manohar S/O Mahadev Dhotre And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1337 OF 2022 IN FIRST APPEAL NO.70 OF 2012 [DECIDED] [The Manager, The National Insurance Company Limited, Bhandara .vs. Shri Manohar s/o Mahadev Dhotre 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 V.R. Thote, Advocate for respondent nos.1 and 2, None for appellant.

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C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 29/06/2022 .

Present application is filed by respondent no.1 for withdrawal of amount of compensation deposited as per the settlement arrived at between the parties before National Lok Adalat dated 12.03.2022. 2.

It appears that appellant/insurance-company has deposited decreetal amount in this Court. Thereafter, respondent nos.1 and 2 have moved an application for grant of permission to withdraw the same by filing Civil Application (CAF) No.1141/2015. This Court, vide order dated 14.09.2015, allowed to withdraw 50% of amount so deposited.

3.

The matter was listed before National Lok Adalat on 12.03.2022. On that day, parties arrived at

2 6caf1337.22.odt settlement. It was agreed that the appellant/insurancecompany is allowed to be refunded Rs.50,000/- and after refunding the amount, appellant-insurance company agreed to allow the respondent-claimants herein to withdraw the same. However, respondent no.2 expired on 09.04.2020. It appears that this fact was not brought on record by the counsel. However, in the present case, application supported by affidavit. Applicant no.1 made a statement that there are no other legal representative of applicant no.2, except applicant no.1. Accordingly, prayer was made to allow respondent no.1 to withdraw remaining amount. The death certificate is placed on record.

4.

In view thereof, I do not see any reason for not allowing this application. Respondent no.1 is allowed to withdraw the amount of compensation along with accrued interest thereon as per the award passed in National Lok Adalat on 12.03.2022.

5.

Application is allowed and disposed of accordingly.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur