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Bombay High CourtCAF/2143/2022allowed

The New India Assurance Company Ltd. Through Its Chief Regional Manager, Nagpur v. Shantibai W/O Ashokkumar Sangtani And 2 Others

2022-12-22Hon'Ble Shri Justice Avinash G. Gharote2 pages

13. CAF 2143 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2143/2022 IN FIRST APPEAL NO.688/2016 The New India Assurance Company Limited through its Branch Manager, Gondia presently through its Chief Regional Manager, Nagpur ...Versus...

Shantibai w/o Ashokkumar Sangtani and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.W. Paunikar, Advocate for appellant Shri K.S. Motwani, Advocate for respondent nos.1 and 2 Shri R.K. Borkar, Advocate for respondent no.3 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/12/2022 1.

The civil application seeks withdrawal of the entire compensation amount deposited by the appellant. Though the same is opposed by Shri Paunikar, learned counsel for the appellant, since there is no dispute regarding the accident and the coverage and what is disputed is only the question of contributory negligence, 50% of the amount deposited with accrued interest is permitted to be withdrawn by the claimants subject to the usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

13. CAF 2143 of 2022.odt 2.

In case the RTGS details are submitted, the amount be transferred to the accounts of the claimants. 3.

The civil application is accordingly allowed and disposed of. No order as to costs.

FIRST APPEAL NO.688/2016 The office objections be removed within two weeks from today.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR