Allowed

Smt. Mangi Choudhary through Her P.O.A. Shri. Kaluram Choudhary and 3 Ors., v. Oriental Insurance Company Ltd.

Bombay HC14 Feb 2014MCA/10/2014

Case brief

AI extract

What is this about?

The High Court allowed a Misc. Civil Application directing the release of 50% of compensation to the principal applicant and the deposit of the remaining 50%, with accrued interest, into fixed deposits for three minor applicants in a nationalized bank pending their majority.

What did the court decide?

Allowed the application directing payment of 50% compensation to applicant no. 1 and deposit of the balance 50% in fixed deposits for minor applicants no. 2, 3, and 4 in a nationalized bank.

Smt. Mangi Choudhary through Her P.O.A. Shri. Kaluram… — Property and Title | Bombay HC (2014)

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IN THE HIGH COURT OF BOMBAY AT GOA

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MISC.CIVIL APPLICATION NO. 10 OF 2014

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CIVIL REVISION APPLICATION NO. 25 OF 2010

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SMT. MANGI CHOUDHARY THROUGH HER P.O.A. SHRI. KALURAM CHOUDHARY AND 3 ORS.,

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... Applicants

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Versus

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ORIENTAL INSURANCE COMPANY LTD.,

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... Respondent

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Mr. Redkar, Advocate for the Applicants.

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Coram:U. V. BAKRE, J.

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Date:14th February, 2014

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P.C.

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Heard Mr. Redkar, learned Counsel appearing on behalf of the applicants who were respondents no. 1 to 4 in Civil Revision Application No. 25 of 2010.

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The applicants have filed the present application for directing to release the share of the applicant no.1 i.e. 50% from the amount deposited by the original petitioner of Civil Revision Application and for directing deposit of the balance 50% in any bank, in the names of applicants no. 2 to 4.

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The said Civil Revision Application was filed against the judgment and Award dated 20/07/2009 passed by the Claims Tribunal in Claim Petition No.175 of 2008 whereby compensation to

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the extent of Rs.13,95,000/- (Rupees Thirteen Lakhs Ninety Five Thousand only) together with interest @ 9% per annum was ordered to be paid to the present applicants by the petitioner of Civil Revision Application no.25 of 2010. The said Civil Revision Application was dismissed by judgment dated 30/01/2013.

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In view of the above, the present applicants are entitled to receive the amount of compensation as awarded by the Claims Tribunal.

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As per the judgment and award of the Claims Tribunal, 50% of the compensation is to be paid to the present applicant no.1 and remaining 50% is to be equally apportioned amongst the applicants no.2 to 4. Since, the applicants no.2 to 4 are minors, their amounts will have to be invested in fixed deposit in any nationalized bank.

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The petitioner of Revision Application no.25 of 2010 is duly served in the present application, but is absent. Hence no objection is presumed from the side of the said petitioner.

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In view of the above, the application is allowed.

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a) 50% of the amount of compensation awarded in Claim Petition no.175 of 2008 alongwith accrued interest shall be paid to the applicant no.1.

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b) The balance 50% of the compensation alongwith accrued interest shall be equally apportioned amongst the minor applicants no.2, 3

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and 4 and the said amounts shall be invested in their names in fixed deposits in any nationalized bank, the name of which shall be furnished by the applicant no.1. The said investment shall be initially for a period of 3 (three) years to be extended from time to time till the applicants no.2, 3 and 4 attain majority. Upon the said applicants attaining majority, the said amounts alongwith accrued interest to be paid to them.

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c) Applicant no.1 to furnish the name of any nationalized bank to the Registry.

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Application stands disposed of accordingly.

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U. V. BAKRE, J.

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Smt. Mangi Choudhary through Her P.O.A. Shri. Kaluram Choudhary and 3 Ors., v. Oriental Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Smt. Mangi Choudhary through Her P.O.A. Shri. Kaluram Choudhary and 3 Ors., v. Oriental Insurance Company Ltd.

Case brief

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What did the court decide?

What the court decided

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