Reliance General Insurance Company Limited, Mumbai v. Smt. Mangala Wd/O Anil Pakhmode And Others

caf1921.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1921/2018 IN F. A. ST.NO.10913/2018 Reliance General Insurance Co. Ltd. .vs. Smt. Mangala wd/o Anil Pakhmode & Ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. H. N. Verma, Advocate for applicant.

Mr. A. A. Dhawas, Advocate for non applicant nos. 1 to 4. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 9, 2018 Heard Mr. Verma, learned counsel for the applicant and Mr. Dhawas, learned counsel for non applicant nos. 1 to 4. This is an application for condonation of delay. Issue notice on this application to the non applicants, returnable on 22.11.2018.

Mr. Dhawas, learned counsel waives notice for non applicant nos.1 to 4 and submits that he has no objection for condonation of delay.

Hence, the application is allowed. Delay of 91 days is condoned. Office is directed to register the appeal. The application stands disposed of.

First Appeal Stamp No.10913/2018 Heard.

Admit. Call for the record and proceedings.

Mr. Dhawas, Advocate waives notice for respondent nos. 1 to 4.

caf1921.18.odt Civil Application 1810/2018 This is an application filed on behalf of respondent nos.1 to 4/original claimants for withdrawal of amount. In pursuance to the order passed by this Court, the appellant-Insurance Company has deposited an amount of Rs. 41,35,566/- before this Court.

Applicant no.1 is widow of Anil Pakhmode who was a Lecturer and who has lost his life in a vehicular accident. Whereas, applicant nos. 2 to 4 are his daughters and son.

After hearing the learned counsel for the parties and after perusing the contents of the application, I pass the following order.

ORDER

(i) Civil Application No.1810/2018 is partly allowed. (ii) Respondent nos. 1 to 4/applicants are permitted to withdraw an amount of Rs.20,00,000/- from and out of the amount deposited by the Insurance company. (iii) Registrar (Judicial) shall invest rest of the amount in fixed deposit in any nationalised bank in order to save loss of interest, initially for a period of three years and thereafter shall continue to do the said exercise as and when occasion arises.

The application is disposed of.

JUDGE kahale