The New India Assurance Co. Ltd. Amravati through Its Branch Manager v. Ashwini Mangesh Mhatre and Others
Case brief
What is this about?
Withdrawal of deposited motor-accident compensation by heirs; Bombay High Court Nagpur Bench; CAF Nos. 1374/2025, 2275/2025 and 3012/2024 in First Appeal Stamp No. 10323 of 2024; The New India Assurance Co. Ltd v. Ashwini Mangesh Mhatre; 1/3rd share withdrawal with accrued interest by widow (respondent No. 1) and mother (respondent No. 3); minor son's (respondent No. 2) share in fixed deposit in nationalised bank till majority; Registrar (Judicial) to transfer shares within four weeks on undertaking and bank details; condonation of 159 days' delay in filing appeal; mother as natural guardian permitted to waive notice for minor son; Abhay J. Mantri, J.; dated 01-07-2025.
What did the court decide?
Mixed interlocutory dispositions: withdrawal applications CAF 1374/2025 and CAF 2275/2025 partly allowed (each applicant entitled to withdraw 1/3rd of her share with accrued interest; minor respondent No. 2's 1/3rd share in fixed deposit in a nationalised bank till majority; Registrar (J) to transfer shares within four weeks on undertaking and bank details); CAF 3012/2024 allowed — delay of 159 days condoned, appeal registered; notice issued in First Appeal returnable after six weeks with waiver accepted for respondent Nos. 1 and 2; matter to be listed after receipt of record and proceedings.