The Branch Manager New India Insurance Corrected As Assurance Co Ltd v. Sajor Nana Katari And Another

2025:BHC-AUG:15821 1 967(ii).CA.6274-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6274 OF 2025 IN FIRST APPEAL NO. 628 OF 2025 THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS ASSURANCE CO LTD

VERSUS

SOJAR NANA KATARI AND OTHERS ...

Advocate for Applicant : Mr. Bodade Shrikrishna R. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 20th JUNE 2025 PER COURT :

1.

Applicant/Insurance Company has deposited amount of compensation in pursuance of order of ad-interim stay. It has preferred distinct appeals against claim of Sajor Nana Katari as well as Shakilabai Harsing Katari. However while depositing the cheques, by mistake those are deposited in wrong appeal. Applicant is seeking rectification and has no objection for permitting the Claimants to disburse the amount.

2.

It appears that by mistake, the amount of the compensation has been deposited in another appeal. I do not find any impediment in permitting the Claimants of respective appeals to receive the 50% of the amount. However Claimants shall furnishing undertaking.

2 967(ii).CA.6274-2025.doc 3.

Civil Application is allowed in terms of prayer clause 'B' subject to furnishing undertaking by the Claimants receiving 50% of the amount.

4.

Balance amount shall be invested in the Nationalized Bank. SHAILESH P. BRAHME JUDGE NAJEEB..