New India Assu. Co. Ltd., Divisional Manager, Akola Thr. Regional Manager, Nagpur Regional Office v. Saberabi W/O Ab. Rauf And Others

1 33caf2046.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 2046 OF 2026 IN FIRST APPEAL NO. 151 OF 2019 (D) The New India Assurance Co. Ltd. Vs Saberabi w/o Ab. Rauf and others. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B.P. Bhatt, counsel for appellant/applicant. Mr. P.R. Agrawal, counsel for respondent No.1. CORAM: RAJNISH R. VYAS, J.

DATED : 29/04/2026 The original appeal was preferred by the Insurance Company. However, the appeal came to be dismissed in default. At the time of admission of appeal, the entire compensation amount was deposited with this Court. As the First Appeal is dismissed in default, the legal heirs have preferred the present application, praying for direction to transfer the amount of compensation deposited with the Registry of this Court.

2.

The learned counsel for the applicant submitted that, if the amount is transferred to the Nazar Department of the Motor Accident Claims Tribunal, Akola, the same can be disbursed in favour of the legal heirs of the claimant, as they have also filed execution proceedings there.

3.

The learned counsel for the applicant further submitted that execution proceeding, bearing MACP Darkhast No. 15/2019, is pending before the Motor

2 33caf2046.2026.odt Accident Claims Tribunal, Akola.

4.

In that view of the matter, Registry is directed to transfer the amount deposited by the Insurance Company, along with accrued interest, to the said execution proceedings.

5.

In view of the above, the civil application is disposed of.

(RAJNISH R. VYAS, J.) rkn