United India Ins.Co.Ltd.,Div.Off.,Amravati Through Reg.Manager, Nagpur v. Smt.Malu Wd/O Vinayakrao Ingole

caf2834.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2834/2018 IN FIRST APPEAL NO.83/2007 (D) United India Insurance Co. Ltd.vs.Smt. Malu wd/o Vinayakrao Ingole & Ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. B. D.Vora, Advocate for applicant-respondent nos. 1 and 2. Mrs. A. Mategaonkar, Advocate for non applicant-appellant. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 1, 2018 This is an application filed on behalf of respondent nos. 1 and 2, who were claimants before the tribunal below along with Shankarrao Ingole. During the pendency of the appeal, original respondent no.3-Shankarrao has expired and his death certificate is placed on record. Applicants are the legal representatives of the deceased Shankarrao. Vide judgment dated 25.07.2018, this Court has dismissed the appeal filed by the Insurance Company. As per decision of this Court, the appellant has deposited an amount of Rs.3,27,249/- along with statutory amount of Rs.25,000/-. After hearing the learned counsel for the parties and after perusal of the application, I pass following order.

ORDER

(i) The application is partly allowed.

(ii) Applicants be entitled to withdraw the amount so deposited by the Insurance company along with statutory amount of Rs.25,000/- and the interest accrued thereon. The application is disposed of.

JUDGE kahale