Bombay High CourtCAF/4197/2017ca disposed off

United India Insurance Company Limited, Through Its Branch Manager v. Smt. Renuka Wd/O Prakash Kholgade And 4 Others

2017-11-08Hon'Ble Shri Justice P.N. Deshmukh2 pages

0811caf4197.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.4197 OF 2017 IN FIRST APPEAL NO.835 OF 2011 (United India Insurance Co. Ltd. vs. Smt. Renuka wd/o Prakash Kholgade and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S. Ghatole, Advocate for respondent nos.1 to 4. Shri N.B. Kalwaghe, Advocate for respondent no.5. -------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 08, 2017 None for appellant Insurance Company.

Heard Ms. Ghatole, learned Counsel for applicants/respondent nos.1 to 4, and Shri Kalwaghe, learned Counsel for respondent no.5.

This application is for grant of permission to withdraw the amount deposited by appellant against the amount of compensation as awarded by Motor Accident Claims Tribunal, Buldhana in Claim Petition No. 171/2006.

Ms. Ghatole, learned Counsel for respondent nos.1 to 4, submits that as per order of this Court, 50% of amount of compensation as awarded by Tribunal is directed to be deposited and accordingly, appellant has deposited Rs.1,51,066/-. It is further submitted that applicants/respondent nos.1 to 4, who are legal heirs of deceased Prakash, are facing financial hardship and, therefore, permission to withdraw the amount may be granted.

0811caf4197.17 2/2 This Court while issuing notice had directed appellant to deposit 50% of amount of compensation. Accordingly, aforesaid amount is found to be deposited, which fact is further substantiated by the office note. Considering the fact that 50% of the amount of award is deposited, application is liable to be allowed. Applicants/respondent nos.1 to 4 are allowed to withdraw amount of Rs.1,51,066/- by furnishing usual undertaking before Registrar (Judicial) of this Court. The civil application is disposed of as allowed.

JUDGE khj