Iffco-Tokio General Insurance Co.Ltd.Thr Its Manager, Nagpur v. Shaikh Mohsin S/O Shaikh Rashid And Others
caf2543.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO.2543/2018 IN FIRST APPEAL NO.427/2010 IFFCO-TOKIO General Insurance Co. ..vs.. Shaikh Mohsin s/o Shaikh Rashid and Ors.
____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. S. Jaiswal, Advocate for appellant-non applicant. Mr. Ram Kadu, Advocate for respondent no.1-applicant. CORAM : V.M. DESHPANDE, J.
DATED : AUGUST 21, 2018 1.
This is an application for permission to withdraw the amount. Heard Mr. Kadu, learned counsel for respondent no.1-applicant and Mr. Jaiswal, learned counsel for appellant-insurance company.
2.
The Motor Accident Claims Tribunal, Akola in Claim Petition No.127/2007 granted compensation to the tune of Rs.50,000/- along with interest at the rate of 9% p.a. in favour of respondent no.1-Shaikh Mohsin s/o Shaikh Rashid.
3.
Being dissatisfied, the insurance company filed appeal before this Court bearing First Appeal No.427/2010. The appeal was admitted. However, for non filing of the paper book, the appeal is dismissed by this Court on 02.09.2014. In the meanwhile, as per the directions given by this Court, the amount of Rs.50,000/- already deposited by the insurance company before this Court and for withdrawal of the said amount, the present application is filed.
caf2543.18.odt 4.
Since, the appeal filed by the insurance company is dismissed, looking to the claim of compensation granted in favour of respondent no.1, the application is allowed. Respondent no.1-Shaikh Mohsin s/o Shaikh Rashid is entitled to withdraw the amount of compensation along with interest accrued thereon.
Accordingly, the application is disposed of.
JUDGE kahale Digitally signed by Yogesh Arvind Kahale Date:
2018.08.23 17:06:42 +0530 Yogesh Arvind Kahale