1 18-FA-693-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. CIVIL APPLICATION NO.2773 OF 2026 IN FIRST APPEAL NO.693 OF 2011 (D) The New India Assurance Company Ltd. vs. Smt Gangabai @ Ganga wd/o Vishnu Surve @ Survey and ors. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Anita Singh, Advocate for appellant. Shri B. D.Vora, Advocate for respondents/applicants. CORAM : SUSHIL M. GHODESWAR, J. DATED : 22nd July, 2026 This is an application for allowing respondent Nos.2 to 4 and 8 to withdraw the amount deposited by the appellant through their Power of Attorney holder respondent No.1- Gangabai @ Ganga wd/o Vishnu Surve @ Survey. 2. Shri B. D. Vora, learned counsel for the respondents/applicants submitted that on 26/03/2026 this Court dismissed the First Appeal No.693/2011 filed by the appellant-Insurance Company and also enhanced the amount of compensation. In pursuant to the direction of this Court, the Appellant-Insurance Company has deposited the amount of Rs.15,13,887/- in this Court. 3. It is submitted that respondent Nos.1 to 4, 7 and 8 are the original claimants, however respondent No.7 died on 17/08/2019. It is contended that respondent Nos.1 to 4 and 8 are the only legal heirs of respondent No.7 and hence they are entitled to receive the amount of share of respondent No.7. Death certificate of respondent No.7- Prahlad Fakruji Surve is annexed to the application. 2026:BHC-NAG:9372 2 18-FA-693-11.odt 4. It is further submitted that respondent Nos.2 to 4 and 8 are unable to attend the Court for the purpose of withdrawing the amount of compensation. It is also stated that due to various personal problems, they are not having proper joint bank account. Hence, Shri Vora, learned counsel submitted that in order to facilitate the claimants to withdraw the amount, respondent Nos.2 to 4 and 8 have executed Special Power of Attorney in favour of respondent No.1-Gangabai Survey who is mother of respondent Nos.2 to 4 and daughter in law of respondent No.8. Respondent No.1-Gangabai Survey has undertaken to distribute the amount of compensation equally to all the original claimants and for that purpose, respondent Nos.2 to 4 and 8 have appointed respondent No.1 as their constituted attorney for receiving the entire amount of compensation with accrued interest. The original Special Power of Attorney is also annexed to the instant application. 5. In that view of the matter, the respondent No.1-Smt Gangabai @ Ganga wd/o Vishnu Surve @ Survey, the Special Power of Attorney Holder on behalf of respondent Nos.2 to 4 and 8 is hereby allowed to withdraw the entire amount of compensation deposited in this Court with accrued interest thereon. 6. The respondent No.1-Smt Gangabai @ Ganga wd/o Vishnu Surve @ Survey is hereby directed to distribute the said amount to all the claimants as undertaken. 7. Civil Application is allowed and disposed of. (SUSHIL M. GHODESWAR, J.) Asmita