The Oriental Insurance Co. Ltd., ... vs Savita Wd/O Manoj Vaidya And ...
2019 Latest Caselaw 31 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH, NAGPUR.

                                FIRST APPEAL NO. 167 OF 2019
                                    The Oriental Insurance Co.Ltd.
                                                 -Vs.-
                                 Savita wd/o Manoj Vaidya and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                                        Mr.A.V.Joshi, counsel for the appellant.
                                        Mr.D.S.Khushlani, counsel for the respondents.



                                                CORAM : MANISH PITALE, J.

                                                DATE             : 01.10.2019


                                               The        learned          counsel          appearing            for       the

respondents/claimants points out that the respondent No.4 expired on 26/05/2019 and that no steps need to be taken for bringing legal representatives of the said respondent on record as the respondent Nos.1 to 3 are already on record, who are the widow and the children of the deceased in the present case. Hence, name of the respondent No.4 is deleted from the array of the respondents.

CIVIL APPLN. NO. 579 OF 2019

This is an application originally moved by the respondent Nos.1 to 4 seeking withdrawal of the amount of compensation deposited by the appellant-Insurance Co.

KHUNTE

fa167.19.odt

in this Court. As noted above, the respondent No.4 has expired and her name has been deleted from the array of the respondents, therefore, the application is treated to be filed on behalf of respondent Nos.1 to 3 (original claimants before the Tribunal).

2. Looking to the reasons stated in the application and the nature of grounds of challenge raised in the appeal on behalf of the appellant, this Court is of the opinion that it would be in the interest of justice to allow this application. Accordingly, the application is allowed and the respondent Nos.1 to 3 are permitted to withdraw the amount of compensation deposited in this Court by the appellant on furnishing usual undertaking before the learned Registrar (Judicial) within a period of four weeks. The application is disposed of.

JUDGE

KHUNTE