Bharti Axa General Insurance Co. ... vs Chayabai Wd/O Gulab Gatade And ...
2021 Latest Caselaw 9062 Bom

                                             1                                45 fa87.20.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                 CIVIL APPLICATION (F) NO.1280 OF 2021 IN
                        FIRST APPEAL NO. 87 OF 2020
 Bharti Axa General Insurance Company Vs. Chayabai Wd/o Gulab Gatade & Ors.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                  Shri Ranjeet Bhibhar, Advocate for appellant.
                  Ms Monali Pathade, Advocate for non-applicant nos.1 to 3/applicant


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 12th JULY, 2021.

This is an application of grant of permission to withdraw the decretal amount deposited by the appellant.

                  (2)            Heard.


                  (3)            Perused the application and directions in the

impugned judgment and award. In the operative portion of the judgment, the learned Tribunal has directed appellant- Insurance Company to deposit share of the minor children of the deceased i.e. claimant nos.2 and 3 in the Nationalized Bank as fixed deposit till the children attain the age of majority.

(4) Considering the abovesaid fact the applicant (wife of the deceased) is allowed to withdraw 25% of the compensation with proportionate accrued interest, the application stands disposed of.

2 45 fa87.20.odt

CIVIL APPLICATION (F) NO.1327 OF 2021

(5) This application is filed by appellant under Order V Rule 20 of the Code of Civil Procedure for issuance of summons/notice to respondent no.4 by paper publication.

(6) Perused the application and office note. Office note shows that notice of respondent no.4 is received back with Bailiff report that respondent is not residing on given address.

(7) Learned counsel for the applicant/appellant submits that before the learned Tribunal the notice to respondent no.4 could not be served on the given address and ultimately respondent no.4 was served through paper publication.

(8) In view of the above, the application is allowed. The appellant is permitted to serve respondent no.4 by way of paper publication.

(9) Notice is returnable in two months.

JUDGE Wagh