Pushpadevi Wd/O Madanlal Bagadiya v. The Oriental Insurance Co.Ltd. And 2 ORS.

1 01caf3604.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3604 OF 2024 IN FIRST APPEAL NO.654 OF 2002 [D] [Pushpadevi wd/o Madanlal Bagadiya .vs. The Oriental Insurance Company Limited 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. S.A. Mohta, Advocate for Applicant.

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CORAM : SANJAY A. DESHMUKH, J.

DATE : 11 th DECEMBER, 2024.

1.

This is an application filed by the applicant/appellant for withdrawal of amount of Rs.18,03,152/- deposited by the respondent no.1.

2.

Perused the application.

3.

Heard the learned Advocate for the applicant. 4.

Considering the reasons stated in the application, after the calculation, it is found that the entire amount along with interest accrued thereon is not paid to the applicant. In that circumstances, the applicant-claimant is entitled for filing proceeding for recovery of that amount. Hence, the application deserves to be allowed in the interest of justice. The application is allowed.

5.

Registry is directed to transfer that amount to the Motor Accident Claims Tribunal, Akola considering the old age of the applicant.

6.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Gulande