The National Insurance Co. Ltd., Through Its Regional Manager, Nagpur v. Smt. Prayagbai Wd/O Vasantrao Jeughale And Others

2026:BHC-NAG:6896 1 40 CAF 4734.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.4734 OF 2025 IN FIRST APPEAL NO.1086 OF 2014 [D] [The National Insurance Company Limited .vs. Smt. Prayagbai wd/o Vasantrao Jeughale 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. C.A. Anthoney, Advocate for Appellant.

Mr. S.P. Pawar, Advocate for Respondent Nos.1 to 3. .......

CORAM : RAJNISH R. VYAS, J.

DATE : MAY 04, 2026.

1.

The original appeal preferred by the Insurance Company was disposed of in Lok Adalat on 28.09.2024. The respondents/claimants were permitted to withdraw the amount of compensation. The claimants during pendency of original appeal had filed Pursis St.No.10682/2016 before this court pointing out that original claimant i.e. respondent no.4 Smt. Ginabai Jeughale had died and survived by original respondent nos.1 to 3, as legal heirs.

2.

Now by way of present application, original respondent nos.1 to 3/legal heirs of respondent no.4, submit that they be permitted to withdraw the amount which claimed share of respondent no.4 Ginabai. 3.

Since the pursis pointing out the death of Ginabai and stating that the legal heirs are already brought on record was filed before deciding the appeal, I find force in the argument advanced by the respondent nos.1 to 3 that they would be entitled for the share of respondent no.4. 4.

Accordingly, the application is allowed in terms of prayer clause. (RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 05/05/2026 10:20:03