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Bombay High CourtFA/301/2023disposed off

Shriram General Insurance Co. Ltd. Bhopal Through Its Legal Officer, Nagpur v. Shri Jairam S/O Jivanji Warkade And Others

2025-03-22Hon'Ble Shri Justice Rohit Wasudeo Joshi1 pages

2025:BHC-NAG:7270 1 19-CAF-2157-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2157 OF 2025 IN FIRST APPEAL NO.301 OF 2023 (D) Shriram General Insurance Co. Ltd.

- vs- Shri Jairam S/o Jivanji Warkade (Dead), Smt Manjubai J. Warkade (Dead), Khushbu d/o Jairam Warkade and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr H. N. Verma, Advocate for the appellant.

Mr P. M. Jain, Advocate h/f Shri M. R. Joharapurkar, Advocate for respondent No.3. CORAM : ABHAY J. MANTRI, J.

DATED : 28-07-2025 The applicant-respondent No. 3 has filed this application to permit her to withdraw the amount of compensation lying in this Court, as the appeal was withdrawn before the Lok Adalat on 22/03/2025, for which the learned Advocate for the appellant has no objection.

2.

It further appears that respondent Nos. 1 and 2 died during the pendency of the appeal, and thus, only one claimant, i.e. respondent No.3, is entitled to the amount.

3.

In view of the above and for the reasons disclosed in the application, the application is allowed as prayed. 4.

The applicant is permitted to withdraw the remaining amount of compensation.

5.

Registrar (Judicial) is directed to transfer the amount along with interest accrued thereon lying in this Court in the bank account of the applicant within a period of six weeks on her furnishing bank account details to the registry. Civil Application is disposed of. (ABHAY J. MANTRI, J.) Asmita