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Bombay High CourtCAF/3256/2025allowed

I.C.I.C.I Lombard General Insurance Company Limited Through Branch Manager v. Smt. Punabai Yashwantrao Dhole And Others

2025-09-25Hon'Ble Shri Justice Pravin S. Patil2 pages

1/2 15.caf.3256.2025 in fa.69.2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3256 OF 2025 IN FIRST APPEAL NO. 69 OF 2013 (D) (ICICI Lombard General Insurance Company Ltd. V/s Smt. Punabai Yashwantrao Dhole & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. D. Bhuibhar, Advocate for Appellant.

Mr. Arjun Sambre, Advocate h/f Mr. Abhay Sambre, Advocate for Respondent Nos.1, 2 and 4.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 25, 2025.

.

By this Application, the Respondent Nos.1, 2 and 4, who are the original Claimants, are seeking withdrawal of amount, which is deposited by the Appellant/Insurance Company before this Court.

2.

It is pointed out that the matter has been settled before the Lok Adalat and amount deposited by the Appellant is directed to be withdrawn by the Respondents. However, during this period, Respondent No.3 expired on 17/4/2020. His Death Certificate is placed on record along with this Application. Accordingly, it is stated that his name should be deleted from the array of the Respondents, as the other Respondents, being legal representatives, are already on record.

2/2 15.caf.3256.2025 in fa.69.2013.odt 3.

However, considering the fact that the matter has been settled and the present Respondents are only legal representatives of the Respondent No.3, the amount which came to the share of Respondent No.3, who is reported to be dead, should be distributed equally between his legal representatives i.e. Respondent Nos.1, 2 and 4.

4.

Civil Application is allowed in above terms.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 29/09/2025 11:36:27