The New India Assurance Company Limited, Through Its Chief Regional Manager, Nagpur v. Smt. Vaijayanti Wd/O Damodhar Khaire And 3 Others

1 caf298.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 298 OF 2013 AND CIVIL APPLICATION (CAF) NO.1162 OF 2018 IN FIRST APPEAL NO.264 OF 2013 (THE NEW INDIA ASSURANCE CO. LTD...VS..SMT. VIJAYANTI DAMODHAR KHAIRE & ORS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for Appellant.

Shri B.D.Vora, Advocate for Respondent Nos. 1 to 3 (claimants) CORAM : Z.A.HAQ, J.

DATED : APRIL 16, 2018.

CIVIL APPLN.NO. 298/2013.

As the amount is deposited, the interim order granted on 21st February, 2013 to continue until further orders.

The civil application is disposed accordingly. CIVIL APPLN.NO. 1162/2018.

None appeared for the appellant/ Insurance Company on 12th April, 2018, the matter was adjourned. Today, again there is no appearance on behalf of the appellant/ Insurance Company.

Considering the facts of the case and the claim made by the claimant that an amount of Rs.3,00,000/- may be permitted to be withdrawn for marriage of the respondent No.3, the prayer made in the civil application is granted. An

2 caf298.13 amount of Rs.3,00,000/- be given to to the respondent No.3 from the amount deposited by the appellant/Insurance Company. The balance amount be kept in fixed deposit in any nationalized bank until further orders.

The civil application is allowed accordingly. No costs.

JUDGE RRaut..