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Bombay High CourtCAF/2408/2018admittedallwdgrantedrule absolute

National Insurance Company Ltd. Thr. Regional Office Raipur And Nagpur v. Vaishali Wd/O Mahendra Kadam And Others

2018-10-31Hon'Ble Shri Justice Manish Pitale2 pages

FA291-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application No.2408/2018 in First Appeal No.291 of 2018 (National Insurance Co. Ltd. .vs. Vaishali Mahendra Kadam and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. K.S. Motwani, Advocate for Respondent Nos. 1,2,4 to 7 CORAM : Manish Pitale, J.

DATED : October 31, 2018.

This is an application filed for modification of order dated 23.02.2018 passed by this Court in Civil Application No.3760 of 2017 in First Appeal No. 291 of 2018. By the said order, the respondents were permitted to withdraw 50% of the amount deposited by the appellant-Insurance Company in this Court. The only modification sought by the present application is that the respondents be permitted to withdraw the aforesaid 50% of the amount in the proportion as awarded by the Motor Accident Claims Tribunal in the impugned judgment and order.

For the reasons stated in the application, the same is allowed and the order dated 23.02.2018 passed in Civil Application No.3760 of 2017 is modified to the extent that the respondents are permitted to withdraw 50% of the amount deposited by the appellant-Insurance Company in the proportion as awarded to them by the

FA291-18.odt Tribunal in the impugned judgment and order. Application stands disposed of.

JUDGE halwai