National Insurance Co. Ltd., Gondia through Branch Manager, Gondia Vs Smt. Varsha Wd/O Naresh Khatwani and Others — Bombay HC (2025) — LawSathi Research

National Insurance Co. Ltd., Gondia through Branch Manager, Gondia Vs Smt. Varsha Wd/O Naresh Khatwani and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: the applicants/respondents Nos. 1 to 4 were permitted to withdraw the compensation amount; the Registrar (J) was directed to transfer any such amount lying in the High Court to the learned Chairman, M.A.C.T., Gondia within three weeks, and the Tribunal Chairman, on receipt, to credit it proportionately as per the award, with accrued interest, to the bank accounts of applicant Nos. 1 to 4 within three weeks of their furnishing account details.

Issue for consideration

Whether the applicants/respondents Nos. 1 to 4 in First Appeal No. 1215/2017 should be permitted to withdraw the compensation amount lying with the High Court and have it transferred to the M.A.C.T., Gondia for disbursement.

Court's answer

The application is allowed; the Registrar (J) is directed to transfer the compensation amount, if any, lying in the Court to the learned Chairman, M.A.C.T., Gondia, within three weeks from receipt of a copy of the order.

Ratio / Principle

Upon receipt, the learned Chairman, M.A.C.T., Gondia is directed to transfer the compensation amount to the bank accounts of applicant Nos. 1 to 4, proportionately as per the award and along with interest accrued thereon, within three weeks, on the applicants furnishing their respective bank account details with the Tribunal.

Key takeaways

The application is disposed of accordingly.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.), Civil Application (CAF) No. 271 of 2025 in First Appeal No. 1215 of 2017 (National Insurance Co. Ltd., Nagpur v. Vrsha wd/o Naresh Khatwani and others), decided 24-06-2025: The applicants/respondents Nos. 1 to 4 in the First Appeal sought permission to withdraw the compensation amount and to have it transferred to the M.A.C.T., Gondia. Noting that the First Appeal had been disposed of as withdrawn on 28-09-2024, and there being no objection from the advocate for the appellant (National Insurance Co. Ltd.), the Court allowed the application: the Registrar (J) was directed to transfer the compensation amount, if any, lying in the Court to the learned Chairman, M.A.C.T., Gondia within three weeks of receipt of a copy of the order; and the Tribunal Chairman, upon receipt, was directed to transfer the amount, proportionately as per the award and along with accrued interest, into the bank accounts of applicant Nos. 1 to 4 within three weeks of their furnishing bank account details to the Tribunal. Application disposed of accordingly. Administrative disbursement order; no statutory provisions or precedents engaged; no quantum stated.

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

CIVIL APPLICATION (CAF) NO. 271 OF 2025 IN

FIRST APPEAL NO. 1215 OF 2017

( National Insurance Co. Ltd., Nagpur ..vs.. Vrsha wd/o Naresh Khatwani and others )

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

- - - - Mr. C.C. Anthoney, Advocate for the appellant,

Mr. S.I. Gatte, Advocate for respondent Nos. 1 to 4.

CORAM : ABHAY J. MANTRI, J.

DATED : 24-06-2025

Applicants/respondents Nos. 1 to 4 in First Appeal No.1215/2017 have filed this application for permitting them to withdraw the amount and also urge for transfer of the said amount to the M.A.C.T., Gondia, for which the learned Advocate for the appellant has no objection.

On perusal of the record, it appears that the first appeal was disposed of as withdrawn on 28-09-2024. Therefore, the applicants have moved this application.

Considering the reasons stated in the application as well as no objection of the learned Advocate for the appellant, the application is allowed. The Registrar (J) is directed to transfer the compensation amount, if any, lying in this Court to the learned Chairman, M.A.C.T., Gondia, within three weeks from the date of receipt of a copy of this order.

Upon receipt of the amount, the learned Chairman, M.A.C.T., Gondia is directed to transfer the said compensation

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amount in the bank account of applicant Nos.1 to 4, as per the award in proportionate, along with interest accrued thereon, within three weeks, on applicant Nos.1 to 4 furnishing their respective bank account details with the Tribunal.

The application is disposed of accordingly.

(ABHAY J. MANTRI, J.)

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