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Bombay High CourtCAF/2126/2025partly allowed

The New India Assurance Co. Ltd, Thr. Its Divisional Manager, Akola v. Smt. Shivkanya Wd/O. Vasantrao Khedekar And Others

2025-06-30Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF)NO. 2126 OF 2025 IN FIRST APPEAL NO 927 OF 2024 (The New India Assurance Co Ltd Vs. Smt. Shivkanya wd/o Vasantrao Khedekar and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashwini Athalye, Advocate for appellant.

Mr. S.B. Alaspurkar, Advocate for applicant/respondent Nos. 1 to 3. CORAM : ABHAY J. MANTRI, J.

DATED : 30-06-2025 Heard.

2.

Applicants/respondent Nos. 1 to 3 have filed this application for permitting them to withdraw compensation amount deposited by the appellant along with accrued interest thereon, for which, learned counsel for appellant though opposed to permit to withdraw the amount, having considered the reasons stated in the application, as well as the facts of the matter, I deem it appropriate to allow the application, partly. Accordingly, the application is partly allowed.

3.

The applicants are permitted to withdraw 50% of the compensation amount, along with accrued interest thereon, with respect to their share as per the award.

4.

The Registrar (J) is directed to transfer 50% of the amount, along with accrued interest thereon, into the bank accounts of applicants Nos. 1 to 3 as per the award, within four weeks, upon their furnishing the bank account details to the Registry.

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It is made clear that the amount of the share of original claimant No. 4 is to be kept with the Registry, as she has died prior to the passing of the judgment and award by the learned Tribunal. (ABHAY J. MANTRI, J.) Belkhede