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Bombay High CourtCAF/3613/2025disposedoff

The New India Assurance Co. Ltd., Nagpur, Through Its Legal Officer v. Maya Wd/O. Shravan Dadmal And Others

2025-11-14Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 fa 8488.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No.3613/2025 in First Appeal No.848/2025 New India Assurance Co. Ltd V Smt. Maya and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. R.R. Dawda, Advocate for appellant.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 14-11-2025.

Heard learned Counsel for the appellant.

2.

This is an application for withdrawal of the amount deposited by the appellant Insurance Company in accordance with order dated 11-06-2025. Learned Counsel for the applicants submits that the appellant Insurance Company has deposited the entire amount as per the award and the applicants, who are respondents in the appeal are entitled for the amount. It is pointed out that the applicants are the original claimants who had not received any amount till today and they are in financial crisis.

3.

Having regard to the fact that the applicants are the original claimants who had sought compensation on account of death of Shravan Dadmal husband of applicant no.1 and father of other applicants, they are entitled for withdrawal of the amount.

4.

Having regard to the contents of the application and the submissions advanced, applicants are entitled to withdraw 50% of the amount with accrued interest subject to the respondents furnishing an undertaking that in case the appeal is decided finally they will refund the amount.

2 fa 8488.25.odt 5.

Application is accordingly disposed of.

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 15/11/2025 10:13:13