Bombay High Court
The New India Insurance Company ... vs Smt. Nasrin Wd/O Faruk @ Guddu ... on 17 November, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION [CAF] NO. 1547 OF 2021
IN
FIRST APPEAL NO. 512 OF 2007 (D)
THE NEW INDIA INSURANCE CO. LTD.
VERSUS
NASRIN Wd/o FARUK alias GUDDU SHEIKH AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Counsel for appellant absent.
Mrs. Jayashree Mahajan, Advocate for Resp. nos.1,2,4&5/applicants.
CORAM : V. M. DESHPANDE J.
DATE : NOVEMBER 17, 2021.
1. This is an application seeking permission to
withdraw the amount of the share of deceased respondent
no.3 by respondent nos.1, 2, 4 and 5 and also withdrawal
of the balance amount deposited by the appellant -
Insurance Company in this Court.
2. This application is moved by original respondent
nos.1,2, 4 and 5 in the appeal. They are represented by
their counsel Smt. Jayashree Mahajan. On 25.10.2021,
the counsel for the appellant - New India Insurance Co.
Ltd. had sought time.
3. Today, when this application was called out, counsel
for the appellant - Insurance Company is absent. There is
no request on his part for adjournment.
4. The appellant - Insurance Company had
approached to this Court challenging the judgment and
award passed by the learned Member, Motor Accident
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Claims Tribunal, Chandrapur dated 15.02.2007. The
appeal was registered as First Appeal No. 512 of 2007.
The appeal was admitted. From the application, the
claimants are pointing out to this Court that this Court
while admitting the appeal, had granted stay to the
execution on the condition of the appellant - Insurance
Company depositing total compensation amount of
Rs.3,26,885/-. It is also pointed out that 50% amount was
allowed to be withdrawn by respondent nos.1 to 5, who
are the original claimants and accordingly, 50% amount
was withdrawn.
5. It is also submitted in the application that this Court
(Coram : A.S. Chandurkar, J.) on 18.01.2019 was pleased
to dismiss the appeal filed on behalf of the appellant -
Insurance Company.
6. It is also pointed out that after delivery of the
judgment, respondent no.3 - Sheikh Soukat S/o Bapumiya
Sheikh has passed away leaving behind him respondent
nos.1, 2 4 and 5 as his legal representatives.
7. Total decretal amount was already deposited by the
appellant - Insurance Company in this Court. As observed
earlier, 50% amount is already withdrawn by the
claimants. Therefore, 50% amount is lying in this Court.
Respondent no.3, who was also one of the claimants,
passed away after the judgment is delivered. Obviously,
respondent nos.1,2,4 and 5 being his legal representatives,
are entitled to receive the share of respondent no.3. In
that view of the matter, I pass the following order :
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ORDER
1. Civil Application (CAF No.1547/2021) is allowed.
2. Registry shall permit respondent nos.1, 2, 4 and 5
to withdraw balance 50% amount deposited by the
appellant - Insurance Company along with the accrued
interest thereon.
3. With this, the application is allowed and disposed
of.
JUDGE
Diwale
