National Insurance Company Ltd. Thr. Its Reg. Office v. Chandrashekhar S/O Shriram Gharpure And 2 ORS

1 CAF 1572.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.1572/2020 in First Appeal No.755/2012 (D) (National Insurance Co. Ltd V Chandrashekhar Gharpure 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 H.N. Verma, Adv for appellant.

Shri A. Hussain, Adv for resp. no.1.

CORAM : S.M. MODAK, J.

DATE : 06-01-2021.

The issue about who will represent respondent nos.1 and 2 is resolved. Learned Advocate Shri B.S. Mandhare holding for learned Advocate Shri Mirache has given consent to learned Advocate Shri Ajgar Hussain for representing the contesting respondents.

2.

Heard learned Advocate Shri Hussain. Perused the directions given by the Claims Tribunal. Out of the decretal amount, an amount of 6,00,000/- was ordered to be deposited inܝ⛈ the name of respondent no.2-Vedant (minor) and remaining amount was directed to be disbursed to respondent no.1Chandrashekhar, Now respondent no.2-Vedant is 16 years old. 3.

11,55,754/- and 25,000/- were deposited by theܝ⛈ ܝ⛈ Insurance Company and 2,00,000/- was also withdrawn. Certainܝ⛈ amount needs to be kept for respondent no.2 till he attains the majority. In view of that, the following order is passed.

O R D E R

a) The Nazir is directed to transfer 60% of the balance amount in the account of respondent no.1 along with accrued interest on personal identification.

2 CAF 1572.2020 b) The Nazir is directed to deposit 40% of the remaining amount in the name of respondent no.2 through his guardian respondent no. 1 till he attains the majority. c) The interest accrued to respondent no.2 may be deposited in the bank account of respondent no. 1.

d) Once the respondent no.2 will produce proof of attaining majority, the amount standing to his credit in the fixed deposit be transferred in his bank account.

e) Application is disposed of.

(S.M. Modak, J.) Deshmukh