Bombay High Court
The Oriental Insurance Co. Ltd. ... vs Smt. Nandabai Laxman Bramhane And ... on 25 February, 2019
2502caf427.19.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO.427/2019 IN FIRST APPEAL NO.720/2018
The Oriental Insurance Co. Ltd. Ahmadnagar Branch, through the Divisional
Manager (Incharge), Nagpur
...Versus...
Smt. Nandabai Laxman Bramhane and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri D.N. Kukday, Counsel for appellant
Shri Shrikant Saoji, Counsel for respondent nos.1 to 5/applicants
Shri S.D. Sirpurkar, AGP for respondent no.9
CORAM : ARUN D. UPADHYE, J.
DATE : 25/02/2019
Heard.
Upon perusal of the impugned judgment and
award, it appears that the respondent nos.2 and 3 are minors
and the Tribunal has directed the entire amount to be kept in
fixed deposit till they attain majority. So far as the
respondent no.1 is concerned, the learned Tribunal has
directed to invest the amount of Rs.2,00,000/- and
Rs.1,00,000/-, payable to her, in fixed deposit in her name
for a period of five years and three years respectively and so
far as respondent nos.4 and 5 are concerned, the learned
Tribunal has directed to invest the amount of Rs.1,50,000/-
each, payable to them, in fixed deposit in any Nationalized
bank of their choice for a period of three years and rest of the
amount is directed to be paid to them by account payee
cheques.
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2502caf427.19.odt
2
Considering the above directions, I am of the view
that so far as amount of minors, i.e., respondent nos.2 and 3
is concerned that cannot be permitted to be withdrawn. The
appellant has deposited the amount of Rs.19,67,886/-. The
respondent nos.1, 4 and 5 are entitled to withdraw
Rs.2,00,000/- each upon furnishing usual undertaking. The
respondent nos.2 and 3 are minors. Their share cannot be
permitted to be withdrawn. In the result, I proceed to pass
the following order.
ORDER
(i) The civil application is partly allowed.
(ii) The respondent nos.1, 4 and 5 are permitted to withdraw an amount of Rs.2,00,000/- each on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that they will refund the amount in case the first appeal is allowed.
(iii) The remaining amount be kept in fixed deposit in any Nationalized bank till final disposal of the first appeal.
The civil application stands disposed of accordingly. No order as to costs.
JUDGE Wadkar, P.S. ::: Uploaded on - 26/02/2019 ::: Downloaded on - 21/03/2019 15:34:21 :::