The New India Insurance Co. Ltd. Through Its Branch Manager v. Mrs. Yogita Mukundrao Kokate And Others

2024:BHC-NAG:13279 1 26-CAF-3487-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1537 OF 2024 IN FIRST APPEAL ST. NO. 10353 OF 2024 THE NEW INDIA INSURANCE CO. LTD.

Vrs.

MRS. YOGITA MUKUNDRAO KOKATE 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. Sneha Padwelkar, Advocate h/f Ms. S. H. Bhatia, Advocate for appellant.

Shri P. R. Agrawal, Advocate for respondent No.1. CORAM: SANJAY A. DESHMUKH, J.

DATE : 03/12/2024.

1.

This is an application for condonation of delay of 225 days caused for filing appeal.

2.

Perused the application.

3.

Heard learned advocates for both the sides.

4.

For the reasons stated in the application, application deserves to be allowed. Delay of 225 days is condoned. Delay is not deliberately caused.

5.

Application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO. 3487 OF 2024 6.

This is an application for permission to withdraw the amount of compensation deposited by the appellant in this Court as per the award of the Motor Accident Claims Tribunal, Amravati.

7.

Perused the application.

8.

Heard learned Advocate for respondent No.1.

2 26-CAF-3487-2024.odt 9.

Learned Advocate for the respondent No.1 submits that amount of Rs.7,31,956/- is deposited by the appellant in this Court.

10.

Considering the fact situation of the case, it would be proper to allow this application.

11.

Considering the grounds stated in the application, application deserves to be allowed. 12.

Registry is directed to pay the entire amount along with accrued interest thereon to the respondent No.1.

13.

The application is allowed and disposed of.

FIRST APPEAL ST. NO. 10353 OF 2024 14.

Heard.

15.

Admit.

16.

Call for Record and Proceedings.

17.

Shri P. R. Agrawal, learned advocate waives service of notice for respondent No.1.

18.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 06/12/2024 14:53:53