National Insurance Co. Ltd. Thr. ... vs Grace @ Ezhilarasi W/O Late Pankaj ...
2023 Latest Caselaw 3336 Bom

fa697.17.odt                                                                                   1/2



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

                   CIVIL APPLICATION (CAF) No.701 OF 2023
                                     IN
                         FIRST APPEAL No.697 OF 2017
  (National Insurance Company Limited, through its Divisional Manager, Kolkata, through
        Nagpur Branch Vs. Grace @ Ezhilarasi w/o. Late Pankaj Kapoor and others)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.

                             Mr. C.A. Anthony, Advocate for appellant.
                             Mr. V.A. Patait, Advocate for respondent Nos.1 to 5.
                             Mr. Asghar Hussain, Advocate for respondent No.8.

                             CORAM :       VINAY JOSHI AND
                                           BHARAT P. DESHPANDE, JJ.

DATE : 03rd APRIL, 2023.

1. This is an application seeking permission for withdrawal of further amount of compensation.

2. It is informed that in pursuance of the judgment and award appellant-National Insurance company has deposited sum of Rs.11,37,73,674/- in this Court. Earlier applicants/claimants have sought withdrawal of partial amount on which this Court has permitted for withdrawal of Rs.4.5 crores on 23.2.2018. In such a background this application is moved for further withdrawal by canvassing certain reasons. It has been stated that the claimants desire to pay loan installment, ailment in the family and education of children.

fa697.17.odt 2/2

3. On the other hand, appellant resisted this application by contending that already sufficient withdrawal has been permitted to the claimants.

4. It is submitted that the appellant-Insurance Company is not responsible to pay entire compensation amount as it is a case of collusion in two vehicles i.e. a case of composite negligence.

5. Having regard to the earlier withdrawal and needs canvassed, we permit the claimants to withdraw Rs.3,00,00,000/- (Rs. Three crores) of the balance amount lying on date in this Court.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)

Wadode