The New India Assurance Co.Ltd., Nagpur. v. Smt.Chandrakala Surendra Dongarwar And 5 ORS.

1 caf1238.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1238 OF 2020 IN FIRST APPEAL NO. 62 OF 2007 (D) (THE GEN. MANAGER, NEW INDIA INS. CO. LTD.....VS.. CHANDRAKALA SURENDRA DONGARWAR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J.Pophaly, Advocate for Appellant.

Shri Kunal Mirache, Adv. h/f. Shri P.S.Mirache, Adv. For Applicant/ Respondent No.1 CORAM : ANIL S. KILOR, J.

DATED : OCTOBER 26, 2021.

1.

Heard.

2.

The applicant by way of the present application praying for permission to withdraw the balance decreetal amount of Rs.2,50,968/-, along with interest thereon. 3.

Both the parties have stated that the appeal was withdrawn in view of settlement between the parties before the National Lok Adalat held on 08/12/2018 and therefore, the appellant has no objection if the present application is allowed.

4.

Accordingly, the application is allowed.

5.

The decreetal amount, along with interest accrued thereon, if any, shall be disbursed as per the judgment and order passed by the Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 741 of 1997.

2 caf1238.20 6.

It is informed that during pendency of the appeal the respondent No.1 got married.

Accordingly, it is directed to permit the respondent No.1 to withdraw her share in her new name on filing of affidavit to that effect.

JUDGE RRaut..