Reliance General Insurance Co. Ltd., Mumbai Thr. Manager, Nagpur Office, Nagpur v. Surekha Radheshyam Chopkar And Others

1 16ca3512.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3512 OF 2024 IN FIRST APPEAL NO.1193 OF 2023 [Reliance General Insurance Company Limited .vs. Surekha Radheshyam Chopkar 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. D.N. Kukday, Advocate for Appellant.

Mr. A. Saxena, Advocate for Respondents.

..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 11 th DECEMBER, 2024.

1.

This is an application for relaxation of conditions of withdrawal regarding order passed by this Court dated 06.11.2023.

2.

Perused the application.

3.

Learned advocate for applicants submitted that in para no.5, Registry is directed by this court to release 75% amount after obtaining the usual undertaking and verifying the bank documents. The order needs to be modified and corrected as under.

4.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety/security to the claimants.

5.

Learned advocate for applicants further submits that the applicants are old aged and they cannot travel from Bhandara to Nagpur because of their ailment.

6.

Registry is therefore directed to transfer the deposited amount to the Court of Motor Accident Claims Tribunal at Bhandara for disbursement of that amount.

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The learned Tribunal is also directed to pay that amount to the claimants equally.

8.

Needless to state that 50% amount along with accrued interest thereon on usual undertaking and 25% amount along with interest accrued thereon on furnishing solvent surety/security be paid to the applicants.

9.

The undertaking and solvent surety/security are to be executed before the learned M.A.C.T. at Bhandara. 10.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Gulande