The New India Assurance Co. Ltd., Through The Divisional Manager, Nagpur v. Saraswati Devi Wd/O Rajendra Prasad Mahto And 3 Others

12-FA-608-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR LETTER O.W. NO. 690 OF 2022 IN REJ. FIRST APPEAL NO. 608 OF 2017 (D) [ RC ] THE NEW INDIA ASSURANCE CO. LTD.

VERSUS

SARASWATI DEVI WD/O RAJENDRA PRASAD MAHTO 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 S. S. Sanyal, Advocate for appellant.

CORAM : V. G. BISHT, J.

DATE : 28/02/2022 Perused Letter dated 15/02/2022 sent by Member, M.A.C.T., Chandrapur.

It appears that M.A.C.T., Chandrapur had decided M.A.C.P. No.155/2004 (Saraswati Devi Mahto Vs. Sahni and others) on 12/01/2012 and accordingly, directed non-applicant Nos.1 and 2 to pay jointly and severally amount of Rs.5,99,500/- excluding amount of NFL with interest @ 7.5 % per annum w.e.f. 06/01/2010 till payment of entire amount. It further appears that the Insurance Company being aggrieved by the Judgment and order, preferred an appeal and in view of directions given by this Court, the Insurance Company has deposited 75% of the decretal amount vide Cheque No.291087 in the sum of Rs.2,91,565/- dated 22/01/2016. Eventually, First Appeal came to be dismissed.

12-FA-608-17 Now, it seems that the claimant has filed an application (Exh.31) before the Tribunal and has prayed, on the ground of her old age and illness, to allow her to withdraw the said amount deposited by the Insurance Company, which is lying with this Court.

In view of above, Registrar (Judicial) is requested to transmit the amount of Rs.2,91,565/- deposited in this Court vide Cheque No.290473 dated 29/04/2015 to the Court of Member, M.A.C.T., Chandrapur so as to enable the learned Member to pass the suitable and appropriate order. [ V. G. BISHT, J. ] Choulwar VITHAL MAROTRAO CHOULWAR Date: 2022.02.28 15:26:20 +0530 VITHAL MAROTRAO CHOULWAR