1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No.430 of 2009. In First Appeal No.109 of 2009. The Oriental Insurance Co. Ltd. V Vijay S/o Ramchandra Kale & Ors. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Arvind R. Godbole, Advocate for the applicant. Mrs. Jyoti Dharmadhikari, Advocate for R-1 to 3. Coram : A.H. Joshi, J. Dated : 24th June, 2009. 1. The discussion contained in the impugned order in para 25 of impugned Judgment is based on the principle of pay and then recover. 2. In the Judgments tribunal has relied upon various reported Judgments namely : (1) National Insurance Co. V. Chander Devi and others, reported in 2008 ACJ Page 111. (2) National Insurance Co. Ltd. V. Smtl Navinder Kaur and others, reported in 2008(1) T.A.C. 692 (Punjab & Hariyana). (3) National Insurance Co. Ltd Vs. Smt. Sumitra Devi and others, reported in 2008 (1) T.A.C. 211 (Del). (4) United India Insurance Co. Ltd. Vs. Kamal Maruti Darekar & Ors., reported in 2007(6) ALL MR Page 392. 2 3. This Court has also taken similar view in few cases, and hence, I am in respectful agreement with the precedents relied upon by the tribunal. 4. In the interest of justice, therefore, the amount deposited in this Court be transferred tom the Tribunal for being dealt with by the tribunal is according to award. 5. It is clarified that the Insurance Company is free to take the steps for recovery of the amount deposited from the owner of motor vehicle. 6. Civil Application is disposed of. No costs. JUDGE /Muley/