Icici Lombard General Insurance Co. Ltd., Thr. Branch Manager, Nagpur v. Devraoji S/O Bajiraoji Virulkar (Deleted) And Others

2025:BHC-NAG:3805 1 930 caf8.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 8 OF 2025 IN FIRST APPEAL NO. 649 OF 2022 ICICI LOMBARD GEN. INSURANCE CO. LTD., THRU. ITS BR. MANAGER, NAGPUR

VERSUS

DEVRAOJI S/o BAJIRAOJI VIRULKAR (Dead) THRU. Lrs LEELABAI AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Nishant Patil, Advocate h/f Mr. R. D. Bhuibhar, Adv. for appellant Ms. Astha R. Sharma, Advocate for respondent no.3, 6 to 8 CORAM : M. W. CHANDWANI, J.

DATE : APRIL 09, 2025.

1.

Ms. A. R. Sharma, learned counsel submits that she has instructions to appear for respondent nos.6 to 8 and waives service for them.

2.

By the present application, the applicant/respondent no.3 is seeking withdrawal of the decretal amount fell in his share. The applicant is the brother of the deceased. By the impugned award, he has been given 30% of the amount of compensation.

3.

Considering the grounds raised in the appeal and the fact that the sisters i.e. respondent nos.6 to 8 have been made party to this appeal after death of the parents of the deceased, 50% of the decretal amount fell in the share of applicant/respondent no.3 is allowed to be withdrawn by him along with accrued interest.

5. The application is allowed and disposed of. No costs. (M.W.Chandwani, J.)

2 930 caf8.25.odt Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 09/04/2025 18:45:06