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Bombay High CourtCAF/3932/2019ca disposed off

The New India Assurance Co. Ltd., Nagpur v. Smt. Chhayabai Ramdas Shingote And Others

2019-10-18Hon'Ble Shri Justice Manish Pitale2 pages

CAF3932-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application No.3932 of 2019 in First Appeal No. 713 of 2018 (The New India Assurance Co. Ltd. .vs. Smt. Chhayabai Ramdas Shingote 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. A.W. Paunikar, Advocate for Appellant.

Mr. D.P. Jaiswal, Advocate for Respondent nos. 1 to 3. CORAM : Manish Pitale, J.

DATED : October 18, 2019.

This is an application moved on behalf of respondent nos. 1 to 3 (original claimants) seeking permission for transfer of the amount deposited by the appellant-Insurance Company in this Court to the Motor Accident Claims Tribunal, Buldhana and for a further direction to permit them to withdraw the amount to which they have been found entitled by this Court along with interest.

2.

The appeal filed by the Insurance Company was partly allowed by judgment and order dated 19.12.2018 and it was found by this Court that the respondent nos. 1 to 3 were entitled to compensation of Rs.29,03,584/-. The appellant-Insurance Company had deposited amount of Rs.43,39,400/- in this Court during the pendency of this appeal.

3.

In view of the fact that the appeal has been

CAF3932-19.odt partly allowed, the amount deposited in this Court by the appellant-Insurance Company, is directed to be transferred forthwith to the Motor Accident Claims Tribunal at Buldhana. The Tribunal is directed to permit the respondent nos. 1 to 3 to withdraw amount of Rs.29,03,584/- with accrued interest and it is further directed that the balance amount along with interest shall be disbursed to the appellant-Insurance Company. The application is disposed of.

JUDGE halwai