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Bombay High CourtCAF/2461/2018admittedallwdgrantedrule absolute

The National Insurance Company Ltd. Through The Regional Manager v. Mangalabai Wd/O Parmeshwar Sathwane And 6 Others

2018-08-08Hon'Ble Shri Justice V.M. Deshpande1 pages

caf2461.18 58

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2461/2018 IN FA NO.1032/2012 (D) The National Insurance Company Ltd., thr. the Regional Manager, Nagpur ..vs..

Mangalabai wd/o Parmeshwar Sathawane and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri K.S. Motwani, Counsel for applicants/non-applicant Nos.1 to 4. Shri D.N. Kukday, Counsel for the appellant.

CORAM

: V.M. DESHPANDE, J.

DATED : AUGUST 8, 2018.

1.

This is an application filed on behalf of the claimants for withdrawal of the amount.

2.

The first appeal filed by the insurance company is already dismissed. The Court below has directed that the claimants are entitled to get amount of Rs.6,90,000/- along with interest @ 7.5.% per annum from the date of filing of the claim petition. The judgment of the Court below itself states that on depositing the amount, amount of Rs.3,00,000/- shall be given to Mangalabai wd/o Parmeshwar Sathawane and remaining amount has to be kept for non-applicant No.2 Gayatri d/o Parmeshwar Sathawanre and nonapplicant No.3 Yuvarani d/o Parmeshwar Sathawane and Rs.25,000/- shall be given to non-applicant No.4 Barzabai and non-applicant No.5 Ramkrishna. 3.

Since Gayatri and Yuvarani are minors, the amount which is granted to their share by the Court below shall be kept in fixed deposit receipt and they will be entitled to receive the same after they attain the majority. Insofar as rest of the amount is concerned, the said shall be paid to Mangalabai and Barzabai as per the apportionment by the Court below. 4.

With this, the civil application stands allowed and disposed of accordingly.

JUDGE !! BRW !!

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