Babu Shanu Naik (Dec.) Thr. Lrs v. Bajaj Allianz General Insurance Co. Ltd., Thr. Nilesh Subashchandra Gandhi And 2 ORS

902-MCA-241-2022.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.241/2022 IN FIRST APPEAL NO.147/2018 BABU SHANU NAIK (DEC.) THR. LRS.

... APPLICANTS

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR.

NILESH SUBASHCHANDRA GANDHI AND 2 ORS.

... RESPONDENTS Mr. Raunak Kantak, Advocate for the Appellant. Mr. Amey Kakodkar with Mr. P. Shirodkar, Advocates for the Respondent-Insurance Company.

CORAM:

M. S. SONAK, J.

DATED:

12th August 2022 P.C.:

1.

Heard learned counsel for the parties.

2.

First Appeal No.147/2018 is disposed of by order dated 01.07.2022. In terms of paragraph 4 of the order dated 01.07.2022, liberty was granted to the legal representatives of the original claimant Bhanu Shanu Naik to apply for withdrawal of 12th August 2022

902-MCA-241-2022.DOC compensation amount deposited by the appellant-insurance company. Hence this application by the legal representatives. 3.

The application not only sets out the names of the legal representatives in paragraph 3 but at paragraph 5 also sets out the apportionment. There is a statement that the legal representatives referred to in paragraphs 3 and 5 are the only legal representatives of the original claimant.

4.

This application is not opposed by Mr. Amey Kakodkar, learned counsel for the original appellant. Even otherwise there is no reason not to allow this application.

5.

Accordingly this application is allowed and the Registry must permit withdrawals in terms of paragraph 5 of this application. For this purpose, the legal representatives will have to furnish identification documents and bank details, so that the Registry can directly transfer the deposited amount together with interest, in their respective bank accounts.

6.

The application is disposed of in the above terms. M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL NANDAN SINGBAL Date: 2022.08.13 13:41:50 +05'30'

12th August 2022