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Bombay High CourtCAF/1499/2023ca disposed off

Icici Lombard General Insurance Co. Ltd., Mumbai Branch Office At Nagpur Thr. Manager A.M. Mahajan v. Smt. Nanda Wd/O Tamanna Itkar And Others

2023-07-17Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 14 caf 1499-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1499/2023 IN FIRST APPEAL NO.877/2022 ICICI Lombard General Insurance Company LTD, Vs.

Smt. Nanda wd/o Tamanna Itkar 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. Das, Advocate for respondent Nos.1 to 5 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

17/07/ The present application is filed by respondent Nos.1 to 5 for grant of permission to withdraw the amount deposited by appellant. It appears that First Appeal came to be settled before Lok Adalat dated 11/02/2023. As per award in Lok Adalat, it was agreed that claimants are entitled to withdraw the amount of Rs.32,97,362/- and balance amount of Rs.1,40,000/- be refunded to the Insurance Company. Accordingly respondent Nos.1 to 5 are claiming amount of Rs.32,97,362/- along with proportionate interest. I do not see any reason not to allow the application. As such, the application is allowed. 2.

Respondent Nos.1 to 5 are permitted to withdraw amount of Rs. 32,97,362/- along with accrued interest.

3.

The Registry is directed to disburse the amount in the account of respondent No.1 as she is

2 14 caf 1499-2023 holding power of attorney for respondent Nos.2 to 5, after due verification of power of attorney within a period of four weeks.

4.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE