National Insurance Co. Ltd., Through Its Regional Manager, Nagpur v. Smt. Sunita Gajanan Sable And Others

914caf1087.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1087/2018 IN FIRST APPEAL STAMP NO. 1120/2018 National Insurance Co. Ltd., Nagpur.

Vs.

Smt. Sunita Gajanan Sable and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri C.A. Anthony, Advocate for the applicant/appellant. Shri A.J. Thakkar, Advocate for the non-applicant/respondent Nos.1 to 4 and 6 CORAM: ARUN D. UPADHYE , J.

DATE: 4-12-2018.

The learned counsel for the applicant/appellant has submitted that the non-applicant/respondent No.5 is reported to be dead and his legal heirs are already on record. Therefore, the name of non-applicant/respondent No.5 be deleted. Necessary amendment be carried out forthwith.

Perused the application. There is a delay of 139 days in filing the appeal. The non-applicant/respondent Nos. 1 to 4 have objected for condoning the delay. Considering the submissions of both the sides, the delay is condoned.

The civil application is allowed.

914caf1087.18.odt 2 FIRST APPEAL STAMP NO.1120/2018 Heard.

Admit.

Call R. & P.

Shri A.J. Thakkar, learned counsel waives service of notice for the respondent Nos. 1 to 4 and 6. CIVIL APPLICATION (CAF) NO. 1088/2018 It is submitted that the entire amount of compensation has been deposited before this Court and therefore stay may be granted.

In view of the submission made on behalf of the applicant/ appellant, the impugned judgment and award dated 18.3.2017 passed by the Member, Motor Accident Claims Tribunal, Buldana in Motor Accident Claim Petition No.256/2012 is hereby stayed till disposal of the appeal. The civil application is allowed.

CIVIL APPLICATION (CAO) NO. 2120/2018 This application is filed for deleting the name of non-applicant/ respondent No.5. Perused the application. Considering the reasons stated in the application, application is allowed.

914caf1087.18.odt 3 CIVIL APPLICATION (CAO) NO. 1803/2018 This application is filed by the non-applicant / respondent Nos. 1 to 4 and 6 for withdrawal of the amount. The learned counsel for the applicant / appellant has submitted that the compensation amount of Rs. 11,87,330/- has been deposited in this Court. Necessary orders may be passed for withdrawal of amount. The applicant Nos. 2 to 4 are minors and therefore no permission could be granted. The respondent Nos. 1 and 6 at the most are entitled for withdrawal of the amount of Rs. 1,20,000/- each.

The amount of respondent Nos. 2 to 4 is already kept in fixed deposit in this Court, therefore no question arise for permission to withdraw the same. Hence, I proceed to pass following order.

ORDER

i] The application is partly allowed.

ii] The non-applicant no.1 and 6 are permitted to withdraw the amount of Rs. 1,20,000/- each of their share. JUDGE rkn