The Divisional Manager, National Insurance Co. Ltd. Nagpur Thr. Regional Manager v. Bharti Wd/O Vasant Telang And Others

1511cao1552.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1552 OF 2017 IN CIVIL APPLICATION NO. 3421/2017 IN FIRST APPEAL ST.NO.17357 OF 2017 (The Divisional Manager, National Insurance Co. Ltd. vs. Bharti wd/o Vasant Telang 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. Pathade, Advocate h/f Shri P.N. Mirache, Advocate for applicants/respondent nos.1 and 2.

Shri Anthony, Advocate for appellant.

-------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 15, 2017 Heard learned Counsel for the parties.

This application is filed by respondent nos.1 and 2 for permission to withdraw decretal amount deposited by appellant with Registry of this Court, which is to the extent of Rs.44,66,907/-.

Shri Anthony, learned Counsel for appellant/insurer, by referring to operative part of award dated 5/12/2016 passed by learned Tribunal in Claim Petition No.827/2010, has pointed out that while apportioning amount between respondent nos.1 and 2, respondent no.1 is held entitled for 45% of the amount while respondent no.2 is held entitled for 55% of the amount of compensation and 60% of the amount, which comes to the share of respondent no.1, is directed to be kept in fixed deposit of any nationalised Bank for six years and entire amount of compensation payable to

1511cao1552.17 2/2 respondent no.2 is directed to be invested in fixed deposit for a period of 13 years with liberty in favour of respondents/original claimants to withdraw interest accrued thereon for the benefit of minor.

Having considered the operative part of the award as aforesaid, on instructions given to learned Counsel for appellant, he has placed on record calculation for withdrawal of amount. Copy of the said calculation is supplied to learned Counsel for respondent nos.1 and 2. Accordingly it is agreed by learned Counsel for respondent nos.1 and 2 that respondent no.1 is thus entitled to withdraw Rs.5,36,292/- only along with interest at the rate of 7.5% per annum from the date of claim petition, ie. 21/8/2010 till its realization. Accordingly, respondent no.1 is entitled to withdraw amount as above along with interest on furnishing usual undertaking before Registrar (Judicial) of this Court. Respondent no.1 in addition to amount whatsoever shall be calculated as aforesaid will be further entitled to withdraw interest accrued on the amount invested in the name of minor respondent no.2 and amount to be withdrawn by her on behalf of respondent no.2, shall be utilised by her only for the benefit of minor.

The application is disposed of as partly allowed in the above terms.

JUDGE khj