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Bombay High CourtMCA/188/2019allowed

Madhuri T. Rivonkar And 2 ORS., v. The Oriental Insurance Co. Ltd.,

2019-04-12Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 188 OF 2019 IN FIRST APPEAL NO. 91 OF 2008 MADHURI T. RIVONKAR AND 2 ORS., ... Applicants

Versus

THE ORIENTAL INSURANCE CO. LTD., ... Respondent Shri Nilesh Amonkar h/f. Shri Prasheen Lotlikar, Advocate for the applicants.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 12th April 2019 P.C.:

None for the respondents despite due service.

2. Shri Nilesh Amonkar, learned Advocate for the applicants invited attention to the judgment of this Court in the First Appeal No.91 of 2008 where there was a clear finding that the amount of compensation payable to the minor claimant No.3 shall be invested in her name in a fixed deposit for a period of three years or till she attains the age of majority whichever is earlier. He further submitted that the claimant No.3 who is the respondent No.3 had already attained the age of majority and the birth certificate was annexed to substantiate his contention.

3. Considering the judgment dated 30/01/2015 and Order dated 08/05/2015, the application is allowed whereby the amount invested in favour of the respondent No.3 i.e. the original

MCA/188/2019 claimant is ordered to be released in her favour with the interest accrued thereon.

4. The application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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