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Bombay High CourtCAF/4078/2025allowed

The New India Assurance Company Limited Through Its Branch Manager Wardha v. Vidyatai Wd/O Ravindra Karpate And Others

2026-01-05Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 caf 4078.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No.4078/2025 in First Appeal No.826/2024 (D) New India Assurance Co. Ltd V Vidyatai - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mrs. R. Kalia, Advocate for appellant.

Mr. V.K. Gulhane, Advocate for resp. nos.1 to 4. CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 05-01-2026.

Heard.

2.

This is an application for grant of permission to withdraw the amount of Rs. 8,42,936/- which remains deposited being share of respondent no.2-Smt. Indirabai Chindhuji Karpate. It is pointed out that the appeal is 7nally decided on 17-02-2025 and the amount of compensation is already disbursed to the other claimants. However, share of 10% which was to be paid to claimant no.2 in accordance with judgment and order dated 01-03-2024 passed by the MACT, Hinganghat remained to be disbursed as she has expired during the pendency of the appeal. 3.

It is submitted that the applicants are the legal heirs of deceased respondent no.2-Smt. Indirabai Chindhuji Karpate and are entitled for withdrawal of 10% of the amount i.e Rs.8,42,936/-.

4.

Learned Counsel for the appellant Insurance company does not dispute the position.

5.

In view of this, application is allowed,

2 caf 4078.25.odt 6.

The applicants are permitted to withdraw the amount Rs.8,42,936/- after submitting the necessary documents to establish their identity.

7.

Application is accordingly disposed of.

(Prafulla S. Khubalkar , J.

) Deshmukh