Sbi General Insurance Company Ltd Through Branch Manager Nagpur v. Smt Kavita Sudhakar Waghmare And Others
2025:BHC-NAG:11011 1 912 caf3755.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 3755 OF 2025 IN FIRST APPEAL NO. 935 OF 2024 (D) SBI GENERAL INSURANCE CO. LTD.
VERSUS
SMT. KAVITA SUDHAKAR WAGHMARE AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mrs. Mrunal S. Naik, Advocate for the appellant. Mr. Gunjan R. Kothari, Advocate for respondent nos.1 to 4/applicants. CORAM : M. W. CHANDWANI, J.
DATE : OCTOBER 15, 2025.
1.
This is an application filed by respondent nos.1 to 4 /original claimants for grant of permission to withdraw the amount deposited by the appellant-Insurance Company.
2.
This Court by order dated 08.09.2025 partly allowed the appeal of the Insurance Company and reduced the compensation to Rs.5,44,100/- along with interest @ 6% per annum from the date of filing of claim petition.
3.
It is a common ground that the amount towards interest @ 6% per annum from the date of fiing of claim petition till decision of the appeal is Rs.2,95,156/-. The insurance company has deposited the said amount on 09.09.2024 before this Court.
4.
Thus, applicants/respondent nos.1 to 4 are entitled to withdraw the amount of Rs.8,39,256/- along with
2 912 caf3755.25.odt accrued interest in equal proportion out of the amount deposited by the appellant.
5.
Respondent nos.1 and 4 are entitled to withdraw to the amount falling in their share with accrued interest thereon.
6.
Since responent nos.2 and 3 are minors, the amount falling to their share shall be invested in a Fixed Deposit in any nationalised bank till they attain majority. 7.
The excess amount in deposit, if any, be refunded to the appellant-insurance company.
8.
The application is allowed and disposed of in the aforesaid terms.
(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 16/10/2025 12:10:58