Reliance General Insurance Co. Ltd. Nagpur Thr. Authorized Officer v. Sunita Vinayak Dahat And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.3502/2019 IN First Appeal No.1165/2017 Reliance General Insurance Co. Ltd. through its Manager, Nagpur Office Vs. Sunita wd/o Vinayak Dahat & Ors.

WITH Civil Application (CAF) No.3503/2019 IN First Appeal No.1166/2017 Reliance General Insurance Co. Ltd. through its Manager, Nagpur Office Vs. Sunita wd/o Vinayak Dahat & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri D.N. Kukday, Advocate for the Appellant. Shri Sawan Alaspurkar, Advocate for Respondent Nos.1 to 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 15 th FEBRUARY, 2021.

The Applicants herein, who are the original claimants in M.A.C.P. 218/2013 and 221/2013, have filed these applications for withdrawal of compensation deposited by the Appellant - Insurance Company.

2.

It is stated that pursuant to order dated 23/11/2017, the Appellant - Insurance Company has inadvertently deposited an amount of Rs.19,21,214/- in First Appeal No.1166/2017. It is stated that the said amount was required to be deposited in First Appeal No.1165/2017. It is also stated that the Appellant - Insurance Company has inadvertently deposited an amount of Rs.5,44,311 and Rs.27,895/- in First Appeal No.1165/2017 and that the said needs to be transferred in First Appeal No.1166/2017.

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Learned counsel for the Appellant - Insurance Company does not dispute the said statement made in paragraph 5 of the application. Hence, an amount of Rs.19,21,214/- along with interest accrued thereon is ordered to be transferred in First Appeal No.1165/2017.

4.

It is stated that respondent No.3, who was the original claimant No.3, has expired, her death certificate is placed on record. It is stated that respondent Nos.1 and 2 are the only legal representatives of the respondent No.3.

5.

Since, the appeals have been disposed of, 50% of the compensation deposited by the Appellant - Insurance Company, pursuant to the judgment and award dated 07/03/2017 passed by the Claims Tribunal in M.A.C.P. No.218/2013 along with proportionate interest accrued thereon, be paid to respondent No.1 - Sunita Dahat.

6.

The respondent No.2 is the minor daughter of the deceased, hence her share, which is equivalent to 50% of the compensation deposited by the Appellant - Insurance Company along with proportionate interest accrued thereon, be transferred to M.A.C.T., Amravati with directions to invest the said amount in the name of the respondent No.2 - Riya Dahat in any Nationalized Bank initially for a period of six years, with further renewal till the date, she attains the age of majority.

7.

Similarly, the amount of compensation deposited by the Appellant - Insurance Company, pursuant to the judgment passed by the Claims Tribunal in M.A.C.P. 221/2013 along with interest accrued

3/3 thereon, be paid to the respondent No.1 - Sunita Dahat. 8.

Both civil applications stand disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) vijay