Oriental Insurance Co. Ltd. Thr. Divisional Manager, Amravati Presently Thr. Incharge, Tp Hub Nagpu v. Ramesh S/O Sahadevrao Nawalkar And Others

1 46.caf.2763.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.2763 OF 2024 IN FIRST APPEAL NO.1438OF 2019 Oriental Insurance Co. Ltd.

..vs..

Ramesh Shahadevrao Nawalkar and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.W. Paunikar, Advocate for the appellant. Shri D.S. Khushalani, Advocate for respondent nos. 1 and 2. (through V.C.) CORAM: SANDIPKUMAR C. MORE, J.

DATE : 14/01/2025.

Heard rival submissions.

2.

The respondent nos.1 and 2, who are the Original Claimants are seeking withdrawal of amount of compensation deposited by the appellant/Insurance Company in this appeal as per the Award dated 12.07.2018 in M.A.C.P. 49/2011.

3.

The learned Counsel for the appellant submits that the appeal filed by the Insurance Company was dismissed in default and as per instructions, the Insurance Company does not want to restore the same. 4.

In view of the same, the application is allowed and the respondent nos.1 and 2/Claimants are permitted to withdraw the entire amount of compensation deposited by the Insurance Company along with the accrued interest thereon till date, in equal proportion. 5.

The application stands disposed of.

(SANDIPKUMAR C. MORE , J.

) Trupti