Vandna Wd/O Vasant Madavi And 2 Others v. Ksr Freight Carriers, Chadda Transport, Chandrapur And Another

1/2 42.caf.169.2025 in fa.794.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 169 OF 2025 IN FIRST APPEAL NO. 794 OF 2015 (D) (Vandana Vasanta Madavi & Ors. V/s KSR Freight Carriers, Chandrapur & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Priyanka Lakhanpal, Advocate h/f Ms. U. A. Bhattad, Advocate for Applicants/Claimants.

Ms. Alpana Ingolikar, Advocate h/f Ms. Mrunal Naik, Advocate for Respondent No.2/Insurance Company. -------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : JANUARY 22, 2025.

.

Heard rival submissions.

2.

The Appeal filed by the Applicants/Claimants is already disposed of in Lok Adalat dated 28/9/2024 and the Respondent No.2/Insurance Company agreed to pay lumpsum compensation amount of Rs.11,50,000/- to the Appellants/Claimants. The said amount is deposited by the Insurance Company and it is lying with this Court. 3.

While disposing the matter, Panel of Lok Adalat did not make any apportionment of the compensation amongst the Appellants. It appears that the Appellant Nos.1 and 2 are major, but the Appellant No.3 is still minor. As such, his share cannot be released at this juncture.

2/2 42.caf.169.2025 in fa.794.2015.odt 4.

As such, the Appellants are now entitled for 1/3rd share each in the deposited amount of compensation and the Appellant Nos.1 and 2 are permitted to withdraw their shares of compensation along with the accrued interest thereon till date. 5.

The amount of compensation falling to the share of Appellant No.3-Piyush Madavi be kept in FDR in any Nationalized Bank on yearly renewal basis, till he attains the majority. After the Appellant No.3 - Piyush attains the majority, the amount of compensation falling to his share be paid to him along with the accrued interest thereon, without further reference to this Court. 6.

The Civil Application is, accordingly, disposed of. (SANDIPKUMAR C. MORE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 23/01/2025 18:01:01