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Bombay High CourtCAF/52/2022ca disposed off

Iffco Tokio General Insurance Co. Ltd., Nagpur v. Rekha Wd/O Pralhad Wanjari And Others

2023-01-23Hon'Ble Justice Urmila Joshi Phalke2 pages

24 caf761.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.761/2021 IN FA ST.NO.6413/2020 IFFCO Tokio General Insurance Co.Ltd., Sadar, Nagpur ..vs..

Rekha wd/o Pralhad Wanjari and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri D.N.Kukday, Counsel for the Applicant.

Shri Madhur Dev, Counsel for NA Nos.1 to 3/claimants. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 23/01/2023 1.

Though non-applicant No.4 is permitted to be served by paper publication, the paper publication through which the notice is published is not filed on record.

2.

A week's time is granted to furnish copy of the newspaper.

3.

Stand over to 30.1.2023.

CAF No.52/2022 1.

Respondent Nos.1 to 3/claimants are seeking withdrawal of the amount.

2.

Learned counsel Shri Madhur Dev for claimants submits that though the amount is deposited, not a single pie is received by claimants.

3.

Claimant No.1 is widow and claimant Nos.2 and 3 are children. He submits that claimants need compensation for their livelihood as well as for education of the children. 4.

The appeal is of the year 2020 and it is not possible to take appeal for its final hearing in near future since old appeals are pending.

5.

Learned counsel Shri D.N.Kukday for the appellant objects for withdrawal of the amount on the ground of negligence of the deceased and also on the ground of valid driving licence. 6.

Considering reasons mentioned in the application, .....2/-

24 caf761.21 claimants are permitted to withdraw 50% of the amount on furnishing usual undertaking.

7.

The amount be disbursed to claimants on due identification verification.

8.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

Digitally signed by BHUSHAN RANA WANKHEDE Date:

2023.01.23 19:24:56 +0530 BHUSHAN RANA WANKHEDE ...../-