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Bombay High CourtCAF/2835/2018ca disposed off

United India Insurance Co.Ltd., Div.Off.Amravati Thr.Regional Mang.,Nagpur v. Sau.Indubai W/O Prakash Ingole And ORS.

2018-09-26Hon'Ble Shri Justice V.M. Deshpande1 pages

caf2835.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2835/2018 IN FIRST APPEAL NO.172/2006 (D) United India Insurance Co. Ltd. .vs. Sau. Indubai w/o Prakash Ingole and anr. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 26, 2018 This is an application for withdrawal of the amount deposited by Insurance Company before the Motor Accident Claims Tribunal, Amravati. This application is moved by respondent nos. 1 and 2, who are the original claimants.

Unfortunate for them, their counsel is remaining absent when the matter is called out for consideration. However, for the fault of an advocate, I do not wish to penalize the applicants, either by adjourning the matter or by dismissing it in default. Since, the appeal filed by Insurance Company is already disposed of, respondent nos. 1 and 2applicants, will be entitled to withdraw the amount, which the appellant has deposited in the Motor Accident Claim Petition No. 287/2000 before the Motor accident Claims Tribunal, Amravati. The tribunal shall permit respondent Nos. 1 and 2-applicants to withdraw the amount deposited by the Insurance Company along with interest accrued thereon.

The application is disposed of.

JUDGE kahale