← Library
Bombay High CourtCAF/697/2025allowed

The Orienta Insurance Co. Ltd, Akola Divisional Office Through The Regionan Manager, Nagpur v. Smt. Urmila Wd/O Laxmanrao Kangate And Others

2025-03-21Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:3107 26.caf.1550.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.697 of 2025 in Civil Application [CAF] No.1550 of 2020 in First Appeal St. No.10573 of The Oriental Insurance Company Limited vs.

Smt. Urmila wd/o Laxmanrao Kangate 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. U.J. Deshpande, Advocate for Applicant/Respondent Nos.1 to 3. Mr. D.N. Kukday, Advocate for the Non-Applicant/Appellant.

CORAM

: M.W. CHANDWANI, J.

DATE : 21 st MARCH, 2025.

Heard.

02.

Award has been passed in favour of the original claimants i.e. respondent Nos.1 to 5. However, the appellant-insurance company has filed this appeal and deposited the entire decretal amount. 03.

Considering the reasons mentioned in the memo of appeal, 50% of the decretal amount along with interest accrued thereon is allowed to be withdrawn by the original claimants by complying the terms mentioned in the award on usual undertaking. 04.

It is informed that respondent Nos.4 and 5, who were the parents of the deceased, are no more and respondent Nos.1 to 3 are the only legal heirs of respondent Nos.4 and 5. Legal heirship certificate has already been filed on record. Therefore, the amount falls in the share of respondent Nos.4 and 5 shall equally be distributed amongst respondent Nos.1, 2 and 3.

26.caf.1550.20 2/2 05.

The application is allowed and disposed of in the above terms.

06.

Stand over after two weeks.

JUDGE *sandesh