Bhagirathibai Trmbak Gaikwad And ANR v. The Oriental Insurance Co.Ltd Thr Branch Manager And ANR

2025:BHC-AUG:11128 1 34.CA-5204-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 5204 OF 2024 IN FA/1319/2003 BHAGIRATHIBAI TRMBAK GAIKWAD AND ANR

VERSUS

THE ORIENTAL INSURANCE CO.LTD THR BRANCH MANAGER AND ANR .....

Advocate for the Applicants : Mr. Chincholkar Ganpat Niranjan Advocate for Respondent No.1 : Mr.V.N.Upadhye ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 15th APRIL 2025 PER COURT :

.

First Appeal No. 1319 of 2003 is finally decided by this Court on 18.02.2019. Thereafter, it revealed that Respondent No.1/ insurance company failed to deposit the amount. After long persuasion, a cheque of Rs.3,76,821/-(Rupees Three Lacs Seventy Six Thousand Eight Hundred Twenty One Only) is brought before court. There is no dispute that Applicant Nos.1 and 2 who are claimants are entitled to receive the amount.

2.

In view of supervening events, there is no point in proceeding against the Respondent No.1/insurance company for any breach of order. The interest of the parties would be sub-served by directing the office to accept the cheque and disburse the amount to the Applicant

2 34.CA-5204-2024.doc Nos.1 and 2/claimants. Hence, I pass following order :

ORDER

a) Civil Application is disposed of with a direction to office to accept the cheque and disburse the amount of Rs.3,76,821/- (Rupees Three Lacs Seventy Six Thousand Eight Hundred Twenty One Only)Applicants/claimants.

b) Office is also directed to disburse the statutory deposit with accrued interest to the Respondent Nos.1 and 2/claimants alongwith the amount of cheque referred above. c)The record of First Appeal No.1319 of 2003 shall be transmitted to MACT, Nanded.

[ SHAILESH P. BRAHME, J.] vsj..