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Bombay High CourtMCA/724/2014allowed

Mr. Cyril Antao And ANR., v. Smt. Milagrin D'Souza And 6 ORS.,

2015-03-27Hon'Ble Shri Justice K. L. Wadane2 pages

--1-- Crma 109/2014

IN THE HIGH COURT OF BOMBAY AT GOA.

MISCELLANEOUS CIVIL APPLICATION NO.724/2014. IN FIRST APPEAL NO. 129 OF 2006.

MR. CYRIL ANTAO AND ANR.

....... Applicants.

Versus

SMT. MILAGRIN D'SOUZA AND 6 ORS.

....... Respondents.

Mr. E. Afonso, Advocate fort he applicants.

None present for the respondents.

Coram:- K. L. WADANE, J.

Reserved on:20th March, 2015.

Pronounced on:-27th March, 2015.

ORDER:

Heard Mr. E. Afonso, learned Advocate appearing for the applicants.

2.

Perused the application and records of First Appeal from where it is seen that the above appeal was amicably settled in Lok Adalat for Rs.2,28,000/-. Out of which present applicants was to pay 50% inclusive of Rs.25,000/- under no fault liability and remaining 50% was to be paid by the respondent no. 7 along with 6% interest from the date of filing of the petition till the deposit of the amount in this Court. Applicants/insurance company were calculated such liability to the extent of

--2-- Crma 109/2014 Rs.1,36,621/-, however it has deposited an amount of Rs.137,388/-. Thus he is entitled to refund of the amount of Rs.767/- with interest accrued thereon. Hence, the application is allowed. An amount of Rs.767/- with interest be paid to the applicants.

3.

Application stands disposed of.

K. L. WADANE,J.

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