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Bombay High CourtCAF/2783/2018admittedallwdgrantedrule absolute

Santosh Nandlal Agrawal v. Bhimrao Ramrao Thakur And 5 ORS

2018-10-30Hon'Ble Shri Justice V.M. Deshpande2 pages

caf2783.18 27

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2783/2018 IN FA NO.678/2006 (D) Santosh s/o Nandlal Agrawal ..vs..

Bhimrao Ramrao Thakur and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri C.A. Joshi, Counsel for the Applicant.

Shri S.N. Dhanagare, Counsel for Respondent No.6.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 30, 2018.

1.

Heard learned counsel Shri C.A. Joshi for the applicant who has moved the present application for permission to withdraw amount and learned counsel Shri S.N. Dhanagare for respondent No.6-Insurance Company.

2.

The present applicant filed an appeal before this Court which was registered as FA No.678/2006 since he was aggrieved by judgment and award dated 24.4.2006 passed by learned Chairman, Motor Accident Claims, Tribunal, Akola in Motor Accident Claim Petition No.253/2002 insofar as quantum of compensation is concerned.

3.

On 14.11.2017, this Court (Coram : S.B. Shukre, J.), after hearing learned counsel for the parties .....2/-

caf2783.18 27 to the said appeal, partly allowed the appeal filed on behalf of the applicant and directed that the applicant would be entitled to further compensation to the tune of Rs.2,84,836/-.

4.

Respondent No.6-insurance company, in pursuance to the said judgment delivered by this Court on 14.11.2017, deposited the said amount before this Court. The present application is for withdrawal of the said amount. Since as on today, no appeal is preferred by the insurance company against the judgment delivered by this Court, surely, the applicant is entitled to withdraw the amount.

5.

In view of the above, the civil application is allowed in terms of prayer clause of the application. 6.

The civil application stands disposed of as such.

JUDGE !! BRW !!

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