Bombay High Court
The Oriental Insurance Co. Ltd., ... vs Renuka Wd/O Bandu Pophale And ... on 29 November, 2021
Bench: V.M. Deshpande
12 CAF-2004-2021
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.2004 OF 2021
IN
FIRST APPEAL (ST) NO.424 OF 2015
[The Oriental Insurance Co. Ltd. ..Versus.. Renuka Wd/o. Bandu
Pophale and Ors.]
____________________________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri. A. W. Paunikar, Advocate for Applicant
Shri. A. P. Tathod, Advocate for the Non-Applicant Nos.1, 4 and 5.
CORAM : V. M. DESHPANDE, J.
DATE : 29th NOVEMBER, 2021.
1. The Appeal was filed by the Applicant/Insurance
Company challenging the judgment and Award dated
22.12.2011 passed in Motor Accident Claims Tribunal in
MACP No.77 of 2011. The appeal was admitted.
2. During the pendency of the Appeal, compromise
to place in between the parties before Lok Adalat and
accordingly, the Applicant/Insurance Company
withdrew the Appeal.
3. During the pendency of the Appeal, the Insurance
Company has deposited of Rs.5,60,070/- in this Court.
4. When the Appeal filed on behalf of the Insurance
Company stands withdrawn, the original Claimants are
entitled to withdraw the said amount.
5. Shri. A. P. Tathod learned Counsel for the original
Claimants submitted that the Claimants are required to
move this Application because, as per the Registry, one
of the Claimant by name Harish S/o Bandu Pophale was
12 CAF-2004-2021
minor, when the claim petition was filed. By passage of
time, he became major. He further submitted that the
Office has raised the objection unless and until the
separate Bank Account is open in the name of Harish,
his name be included in the joint account of the other
Non-Applicants, he will not be able to withdraw the said
amount. It is further submitted that the present
application for suitable direction is offered by Harish
Bandu Pophale, who attained the majority, after the
claim petition was decided and during the pendency of
this Appeal.
6. The learned Counsel Shri. Tathod invited my
attention to the Para No.5 of the Application in which, it
is stated by Claimant Harish on affidavit that his share
of the compensation can be deposited in the joint
account of his mother, grandfather and grandmother
and he has no objection whatsoever in nature if the
amount is transferred in joint Bank Account of his
mother, grandfather and grandmother. The statement
made by Harish on affidavit is accepted.
7. In that view of the matter, the Application is
disposed of.
8. The Registry shall permit all the Claimants
including Harish to withdraw the amount as per the
prayer made in the Application.
JUDGE
TAMBE
Digitally signed
by ASHISH
ASHISH ASHOKRAO
TAMBE
ASHOKRAO Date:
TAMBE 2021.11.30
18:40:41
+0530
