Bombay High CourtCAF/1984/2016admittedallwdgrantedrule absolute

National Insurance Company Ltd. Thr. Divisional Manager Akola v. Sunita Wd/O Narendra Sakhare And Others

2016-10-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1984.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1984 OF 2016 IN FIRST APPEAL (STAMP) NO.11698 OF 2016 (National Insurance Company Ltd., Akola ..vs.. Sunita wd/o Narendra Sakhare 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 C.A. Anthony, Advocate for the applicant/appellant, Shri S.D. Chopde, Advocate for the respondent Nos.1 to 4. CORAM : Z.A. HAQ, J.

DATED : 21-10-2016 Heard.

Accepting the reasons stated in the application, delay of 93 days in filing the appeal is condoned. The civil application is allowed.

First Appeal (Stamp) No.11698/2016.

Taken up for hearing on admission.

Admit.

Call record and proceedings.

The appellant shall file private paper-book within six months.

Shri S.D. Chopde, Advocate waives notices for the respondent Nos.1 to 4.

The respondent Nos.6 to 8 are served and the report submitted by the learned Civil Judge (Senior Division), Achalpur states that the respondent No.5 is also served. As the respondent Nos.5 to 8 are already

2 caf1984.16 served with the notice of Civil Application No.1984/2016 and are aware about pendency of this appeal, fresh notice to respondent Nos. 5 to 8 is not required. Civil Application (CAF) No.1985/2016.

Considering the challenges raised by the appellant/Insurance Company and the facts of the case, following interim order is passed :

The amount deposited by the appellant be kept in fixed deposit in a nationalised bank.

The respondent No.1 be given 40% of the interest which will accrue on the amount every three months, for herself and respondent No.2.

The respondent No.3 be given 10% of the interest which will accrue on the amount, every three months. The respondent No.4 be given 10% of the interest which will accrue on the amount, every three months. The respondent Nos.1 to 4/claimants are granted liberty to file application for withdrawal of amount, if required.

The civil application is disposed in the above terms.

JUDGE adgokar