Shriram General Insurance Co. Ltd., Nagpur Branch Through The Manager (Legal) v. Smt. Purnima Gurudas Bhaisare And Others

(1) 8.caf.46.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.46 OF 2023 IN FIRST APPEAL NO.239 OF 2015(D) Shriram General Insurance Co. Ltd., Nagpur Branch, Through the Manager (Legal) Vs.

Smt. Pornima Wd/o Gurudas Bhaisare and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sudhir Pandy, Advocate h/f Mr. H. N. Verma, Advocate for appellant/applicant. Mr. P. P. Pandke, Advocate for respondent Nos.1 to 4. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 12/01/2023 1.

Heard.

2.

By this application, original claimants are seeking withdrawal of the amount. The appellant Insurance Company has already deposited the amount and First Appeal is disposed of as settled in Lok-Adalat. At the time of filing of the petition as well as during the pendency of appeal respondent Nos.3 and 4 were minors. Now, they have attained the age of majority. 3.

In support of the contention, the respondent original claimants have filed copy of Aadhar Card which shows that the birth date of respondent No.3 Ritik Gurudas Bhaisare is 01.01.2001 and birth date of Rajnandini Gurudas Bhaisare is 10.10.2004. Thus, it is apparent that they both have attained the age of majority. While passing the award, the apportionment

(2) 8.caf.46.2023 of the compensation amount was not made. The respondent Nos.1 and 2 have opened joint account and joint account is also opened in the name of respondent Nos.3 and 4.

4.

Appellant has no objection for withdrawal of the amount.

5.

In view of the matter, out of the compensation amount along with the accrued interest thereon the 50 % amount be disbursed in the name of respondent Nos.1 and 2 in their joint account and 50 % amount be disbursed to the respondent Nos.3 and 4 in their joint account.

6.

Civil Application No.46 of 2023 is disposed of. (URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 20:11