The Oriental Insurance Company Ltd. Thr. Regional Manager v. Hansaraj S/O Anandrao Gopale Lrs Of Aa Gopale

1 caf2645.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2645 OF 2011 IN FIRST APPEAL NO.989 OF 2011 (Oriental Insurance Company Ltd. ..vs.. Anandrao @ Anandi Tulshiram Gopale (dead) through its LRs Shri Hansraj s/o Anandrao Gopale and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Quazi, Advocate for the appellant.

CORAM : Z.A. HAQ, J.

DATED : 11-02-2015 The claim petition was filed by the father of the deceased. During the pendency of the appeal, the original claimant died and the respondent Nos.1 and 2 are brought on the record being the legal representatives. The present application is filed by the respondent Nos.1 and 2 (brother and sister of the deceased) praying for withdrawal of the amount. Apart from the fact that the civil application is filed on or about 07-09-2011 and there has been no diligence on the part of the respondent Nos.1 and 2 in prosecuting the matter, I do not see any reason given by the respondent Nos.1 and 2 in the application on the basis of which the prayer as made can be granted.

The civil application is dismissed.

JUDGE pma