Bombay High CourtCAF/2980/2016admittedallwdgrantedrule absolute

The New India Assurance Company Ltd., Thr. Manager Mecl Bldg Dr. Ambedkar Bavan Nagpur v. Smt. Sapna Wd/O Anil Mate And Others

2018-05-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa1190.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.1190/2017 The New India Assurance Company Ltd., through its Manager, Nagpur ..Vs..

Smt. Sapna Wd/o Anil Mate and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.D. Deshpande, Advocate for the appellant. CORAM : Z.A. HAQ, J.

DATE : 3.5.2018.

Heard.

Admit.

Shri Sharad Thakre, Advocate h/f Shri S.J.

Kadu, Advocate waives notice for respondent Nos.1 to 3. The respondent Nos.4 and 5 are served with notice of this appeal and are aware about pendency of these proceedings. Fresh notice to respondent Nos.4 and 5 is not required.

Call record and proceedings.

The appellant to file private paper book within six months.

C.A.F. NO.2980/2016 The applicant / insurance company has deposited the amount. Interim order granted on 7th October, 2016 shall continue until further orders. Civil

2 fa1190.17 application is allowed accordingly. No costs. C.A.F. NO.1152/2018 Considering the nature of defence of the appellant / insurance company, the facts of the case and as the claimants are widow, minor son and aged mother of deceased, following order is passed:

Out of the amount deposited by the appellant / insurance company, respondent No.1 be given Rs.2,00,000/- (Rs. Two Lakhs). Balance amount be continued in fixed deposit in nationalized bank until further orders.

The respondent No.1 be given 50% of the amount of interest which accrues on the amount of deposit, every quarterly starting from 1st July, 2018. The amount be transmitted to the account of respondent No.1.

The respondents / claimants will be at liberty to seek withdrawal of further amount depending upon exigencies of situation. Civil application is allowed accordingly. No costs.

JUDGE Tambaskar.