National Insurance Co. Ltd. ... vs Balkrushna Mahadeorao Shende And ...
2021 Latest Caselaw 16309 Bom

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                                            2411 caf 2103 of 2021.odt

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

                      C.A.F. No.2103 of 2021
                                In
              First Appeal No.107 of 2009 (Decided)
                 National Insurance Company Ltd., Nagpur
                                  Versus
                Balkrushna Mahadeorao Shende and others

Office Notes, Memoranda of Coram,
appearances, Court's orders or directions   Court's or Judge's orders
and Registrar's order
         Shri Bharat Vora, Advocate for Applicant/Respondent No.1.
         Shri Amit Kukday, Advocate for Appellant.

                 CORAM : V.M. DESHPANDE, J.

DATE : 24th NOVEMBER, 2021

1. This is an application filed by the respondent No.1, who is the original claimant, for withdrawal of the amount.

2. The National Insurance Company Ltd. filed the present appeal challenging the judgment and award passed by the learned Member, Motor Accident Claims Tribunal, Amravati. This appeal was dismissed by this Court (Coram : Nitin W. Sambre, J.) on 7-9-2021.

3. As per this application, at the time of filing an appeal, the National Insurance Company Ltd. deposited the amount of Rs.25,000/- on 4-2-2008. Thereafter, the appellant deposited the amount of Rs.1,52,052/- on 3-4-2008.

4. Since the appeal filed by the National Insurance Company Ltd. was dismissed by this Court, the respondent No.1/original claimant is entitled to withdraw the amount deposited by the appellant along with the interest accrued thereon.

2411 caf 2103 of 2021.odt

5. The civil application is allowed. The respondent No.1 is permitted to withdraw the aforesaid amount deposited by the appellant.

6. The civil application stands disposed of.

JUDGE.

Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:25.11.2021 15:21