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Bombay High CourtCAF/2954/2019ca disposed off

Hdfc Ergo General Insurance Co. Ltd., Mumbai Through Its Branch Manager, Nagpur v. Smt. Kaushal Wd/O Sukram Gaidhane And Others

2019-09-04Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 CAF2954.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) No.2954 OF 2019 IN FIRST APPEAL NO.118 OF 2019 HDFC ERGO General Insurance Co. Ltd.

vs.

Kaushal wd/o Sukhram Gaidhane and ors.

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

Shri. N. G. Jetha, Advocate for respondent No.4. Shri. R. R. Dawda, Advocate for respondent Nos.1 & 2. Shri. B. M. Kharkate, Advocate for respondent Nos. 3 & 5. CORAM : Manish Pitale J DATED : 04.09.2019 This is an application filed by respondent Nos.1 & 2 respectively named, seeking permission to withdraw the amount of compensation deposited by the appellant insurance company in this Court.

2.

It is pointed out in the application that the respondent No.1 is the widow of the deceased and the respondent No.2 is the son who is a student. Considering the need of the respondent Nos.1 & 2 projected in the application and also considering the nature of grounds of challenge raised in the appeal, it would be in the interest of the justice that the respondent Nos.1 & 2 are permitted to withdraw the amount of compensation

2 / 2 CAF2954.19 deposited in this Court.

3.

Hence, the application is allowed and the respondent Nos.1 & 2 are permitted to withdraw the amount of compensation deposited in this Court along with accrued interest by filing usual undertaking within a period of four weeks.

JUDGE KOLHE