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Bombay High CourtCAF/2428/2018admittedallwdgrantedrule absolute

National Insurance Company Ltd. Thr. Its Branch Manager v. Sharda Wd/O Vijay Sonwane And ORS

2018-08-10Hon'Ble Shri Justice V.M. Deshpande2 pages

caf2428.18 33

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2428/2018 IIN FA NO.717/2012 National Insurance Co.Ltd., Branch Office, Gondia, thr. its Branch Manager ..vs..

Sharda wd/o Vijay Sonwane and ors Sharda wd/o Vijay Sonwane and ors : Applicants ............................................................................................................................................................................................. 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/respondent Nos.1 to 6 (claimants) Shri S.N. Dhanagare, Counsel for the appellant.

CORAM

: V.M. DESHPANDE, J.

DATED : AUGUST 10, 2018.

1.

This is an application filed on behalf of the claimants for withdrawal of the amount deposited by the Insurance company before this Court as per judgment and award dated 12.8.2011 passed by learned Chairman, Motor Accident Claims Tribunal, Bhandara in M.A. Claim Petition No.49/2008. According to learned counsel for the appellant/insurance company, amount of Rs.3,26,958/- has been deposited.

2.

After hearing learned counsel for the claimants and learned counsel for the insurance company, the present application is allowed. The claimants will be entitled to withdraw the amount deposited by the insurance company on they giving an undertaking to Registrar (J.) of this Court that in the event the appeal filed by the insurance company is allowed, they will refund the amount along .....2/-

caf2428.18 33 with interest that will be determined by this Court at the time of final hearing within a period of one year from the date of judgment. 3.

The civil application stands disposed of accordingly. JUDGE !! BRW !!

...../-