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Bombay High CourtCAF/2431/2022allowed

Oriental Insurance Co. Ltd. Thr. Branch Manager, Chandrapur Presently Thr. Incharge Tp Hub, Nagpur v. Sau. Kavita Gangaram Indurkar And Others

2022-11-30Hon'Ble Shri Justice Avinash G. Gharote1 pages

fa 218.20.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.218/2020 The Oriental Insurance Co. Ltd V Sau. Kavita and others ******************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************* Mr. Ashish Paunikar, Advocate for appellant.

Mr. P.R. Agrawal, Advocate for resp. nos.3 and 4. CORAM : AVINASH G GHAROTE, J.

DATE : 30-11-2022 Civil Application (F) No.2431/2022, seeks withdrawal of entire compensation amount deposited in this Court. Though the application is opposed by Mr. Paunikar, learned counsel for the appellant, on the ground that the accident has occurred due to the negligence of the deceased. However, considering the fact, that there is no dispute regrading the accident having been taken place and the demise of the deceased, the only question is regarding the quantum, considering which, 50% of the amount deposited with accrued interest is permitted to be withdrawn by respondent nos.1 and 2, subject to usual undertaking to the satisfaction of the Registrar (J) of this Court. Application is allowed. No costs.

JUDGE Deshmukh