National Insurance Company Ltd. ... vs Akash S/O Motilal Sahu (Deceased) ...
2022 Latest Caselaw 13014 Bom

                                                           1                                    10.FA.546-2021.odt




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

                                  FIRST APPEAL NO. 546 OF 2021
                       ( National Insurance Company Ltd.,
                                       Vs.
               Akash S/o Motilal Sahu (Deceased) Thr. LRs & Ors. )

Office Notes, Office Memoranda                             Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. (Dr.) Collin C. Anthony, Advocate for the Appellant.
                                  Ms. Gayatri R. Diwe, Advocate for the Respondent Nos. 1 to 4.
                                  Mr. Sawan Alaspurkar, Advocate for the Respondent No.5.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th DECEMBER, 2022.

The paper-book be filed within two weeks.

CIVIL APPLICATION (CAF) NO. 2745/2022

The application seeks permission to withdraw the entire compensation amount by respondent Nos. 1 to 4/claimants. Though the same is opposed by the learned counsel for the applicant/appellant contending that the liability of the Insurance Company under the policy was restricted to Rs.1,00,000/- alone, a perusal of the impugned judgment would indicate, that the claim has been allowed by directing payment of compensation of Rs 19,11,725/- with interest at the rate of 7.5.% from 17.10.2014 till realization. Considering that the entitlement is admitted and what is disputed is only the quantum, 25% of the amount alongwith accrued interest 2 10.FA.546-2021.odt

is allowed to be withdrawn, subject to the usual undertaking and to the satisfaction of the Registrar Judicial.

2. The application is allowed in the above terms.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:14.12.2022 17:17