The New India Insurance Co. Ltd. Through Its Branch Manager v. Smt. Neeta Atul Kombe And Others

2024:BHC-NAG:13948 1 14-caf-1535-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1535 OF 2024 IN FIRST APPEAL ST. NO. 10357 OF 2024 THE NEW INDIA INSURANCE CO. LTD.

Vrs.

SMT. NEETA ATUL KOMBE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. S. H. Bhatia, Advocate for appellant.

Shri P. R. Agrawal, Advocate for respondent Nos.1 to 4. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/12/2024.

1.

This is an application for condonation of delay of 229 days caused for filing appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned advocate for the applicant pointed out that the delay has been caused because of processing the application in the office of applicant. Delay is not deliberately caused. It is lastly prayed to allow the application.

5.

Considering the reasons stated in the application, delay is caused for processing the proposal for filing the appeal. It appears that delay is not deliberately caused. Application deserves to be allowed. Delay is condoned subject to deposit of costs of Rs.500/- in the office of Vidarbha Lady Lawyers' Assocation, Nagpur

2 14-caf-1535-24.odt within three weeks. Delay is condoned subject to deposit of costs of Rs.500/- in the office of Vidarbha Lady Lawyers' Assocation, Nagpur within three weeks. CIVIL APPLIATION (CAF) No.3725/2024 6.

This is an application for permission to withdraw amount deposited as per the award of Motor Accident Claims Tribunal, Amravati.

7.

Perused the application.

8.

Heard learned advocate for the respondent Nos.1 to 4.

9.

Considering the total amount of Rs.60,04,436/-, it would be proper to pay Rs.5,00,000/- to the respondent No.4 - Smt. Malini Vasantrao Kombe on execution of usual undertaking.

10.

The amount of Rs.10,00,000/- each be paid to the respondent No.2 - Yashwant Atul Kombe and respondent No.3 - Samruddhi Atul Kombe with direction to deposit that amount in their names in any of the Nationalized Bank for five years. The remaining amount be paid to respondent No.1 - Smt.Neeta Atul Kombe on execution of usual undertaking.

FIRST APPEAL ST. NO. 10357 OF 2024 11.

Issue notice to the respondents 12.

Shri P. R. Agrawal, learned advocate waives service of notice for respondent Nos.1 to 4.

13.

Stand over after five weeks.

[SANJAY A. DESHMUKH, J.] Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/12/2024 17:55:32 Choulwar