Reliance General Insurance Co. Ltd., Mumbai Thr. Manager, Nagpur Office, Nagpur v. Surekha Radheshyam Chopkar And Others
2023:BHC-NAG:16307 1 52.caf.1547.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1547/2020 I N FIRST APPEAL (ST) NO. 9863/2020 Reliance General Insurance Co. Ltd.
Vs.
Sau. Surekha Radheshyam Chopkar and Ors.
................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. D. N. Kukday, Advocate for Appellant.
Mr. T. Mirza, Advocate h/f. Mr. A. M. Quazi, Advocate for Respondent Nos.1 and 2.
CORAM :
MRS. VRUSHALI V. JOSHI, J.
DATED :
06.11.2023 CIVIL APPLICATION (CAF) NO.
1547/2020 .
This is an application for condonation of delay of 193 days in filing appeal.
2.
Considering the reasons stated in the application, the delay is condoned.
3.
The appeal be registered.
4.
The application stands disposed of.
CIVIL APPLICATION (CAF) NO. 3313/2023 .
The learned Counsel for the respondents/ claimants has filed this application for withdrawal of amount deposited by the appellant.
2.
The learned Counsel for the appellant has raised an objection that there is a contributory negligence. 3.
The learned Counsel for the respondents has stated that in Janunary 2021, the respondent Nos.1 and 2
2 52.caf.1547.20.odt have got marriage of their daughter. The deceased was taking education in M.B.B.S. The respondents have paid the educational loan for the deceased. He is in dire need of money. Hence, prayed to allow him to withdraw 75% amount.
4.
Considering the reasons stated in the application, the respondents/claimants are permitted to withdraw 75% amount on giving usual undertaking and furnishing solvent surety/security.
5.
The Registry is directed to release 75% amount after obtaining the usual undertaking and verifying the bank documents.
6.
The application stands disposed of.
FIRST APPEAL (ST) NO. 9863/2020 .
Stand over after Diwali Vacation.
(MRS.VRUSHALI V. JOSHI, J.) RGurnule