National Insurance Co. Ltd., Thr. Br. Manager Gondia And Secundarabad Thr. Regional Manager, Nagpur v. Yogendra S/O Tarachand Katre And Others

1 24-CAF 2491.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2491 OF 2025 IN FIRST APPEAL NO. 1099 OF 2024 ( National Insurance Co.Ltd. vs. Yogendra S/o Tarachand Katre and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions, Court's or Judge's order and Registrar's orders.

Mr. B.P.Bhatt, Advocate for appellant.

Ms.Aditi Timande, Advocate for respondents No. 1 to 3. CORAM : ABHAY J. MANTRI, J.

ATE : JULY 15, 2025 1) The applicants/respondents No.1 to 3 have filed this application to permit them to withdraw the amount deposited by the appellant Insurance Company, for which, learned counsel for the appellant has objected, as the appeal is pending and appellant is resisting the claim of the applicants/respondents No.1 to 3 on the point of quantum and contributory negligence. 2) Having considered the reasons disclosed in the application and on going through the submissions and judgment of the learned Tribunal, the application is partly allowed. The applicants are permitted to withdraw 75% of the compensation amount along with interest accrued thereon, on furnishing usual undertaking.

4) The Registrar (J) is directed to transfer the amount in the bank accounts of the respective applicants/respondents No.1 to 3, as per the award within four weeks on they furnishing their bank details and usual undertaking to the Registry. 5) Call for R & P.

6) List after the receipt of the R & P.

(ABHAY J. MANTRI, J.) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 16/07/2025 11:33:03