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Bombay High CourtCAF/2181/2021ca disposed off

The United India Insurance Co. Ltd. Amravati Thr. Regional Manager v. Rameshrao Bapuraoji Gulhane And Others

2022-08-26Hon'Ble Shri Justice Vinay Joshi2 pages

1 22 caf 2181.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2181 OF 2021 IN FIRST APPEAL NO. 1132 OF 2016 (D) The United India Insurance Co. Ltd. Amravati ..vs..

Rameshrao Bapuraoji Gulhane and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Mukta Pathak, Advocate for the applicants/respondent nos.1 and 2.

CORAM :

VINAY JOSHI, J .

DATED :

26/08/2022.

Heard.

2.

This is an application of original claimants seeking permission to withdraw the interest amount which was accrued on the deposit made by the appellant-Insurance Company.

3.

The Insurance Company has filed the First Appeal challenging the award passed by the Motor Accident Claims Tribunal. During the pendency of First Appeal, the Insurance Company has deposited the claim amount in this Court. While dismissing the First Appeal, this Court has permitted the claimants to withdraw the amount which has been deposited by the appellant-Insurance Company. In pursuance of said order, the claimants have withdrawn the amount, however the office objected for return of accrued interest for want of specific order. It is apparent that the claimants have succeeded in appeal and thus, they

2 22 caf 2181.2021 are entitled for interest also.

4.

In view of that, the office is directed to permit the claimants to withdraw the interest amount, if any, on the amount, which was deposited by the Insurance Company.

5.

The application stands disposed of in above terms.

(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 26.08.2022 17:38