Smt. Sangita Balu Sutar v. The New India Insurance Company Limited

osk 22-caf1743-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1743 OF 2015 IN FIRST APPEAL NO. 595 OF 2009 Sangita Balu Sutar & Ors.

...

Applicants

IN THE MATTER BETWEEN

The New India Ins. Co. Ltd. & Anr.

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Appellants.

Vs.

Sangita Balu Sutar & Ors.

...

Respondents Mr.Chetan S. Damre i/b Mr.S.K.Shinde for Applicant/Original Respondent Nos.1 to 4.

Mr.Ramesh K. Cheulkar for the Respondents/Original Appellant. CORAM : MRS.MRIDULA BHATKAR, J.

DATE : NOVEMBER 20, 2015.

P.C.

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Heard Mr.Damre, learned Counsel for the Applicants and Mr.Cheulkar, learned Counsel for the Respondents. 2.

This application is moved for withdrawal of the amount which was deposited by the Insurance Company. Already Rs.30,000/- was allowed to be withdrawn. The amount of compensation is of Rs.4,20,000/- with interest. It is submitted that the amount of Rs.5,64,582/- was deposited by the Appellant Insurance Company on 19th January, 2010 alongwith interest. Out of that 30,000/- is withdrawn. 1/2

osk 22-caf1743-2015.odt 3.

The challenge in the Appeal is in respect of the genuineness of the cover note. The learned Counsel for the Applicants submits that the Applicants are poor and facing financial problems. 4.

In view of this submissions, Applicant No.1 Sangita (widow of the deceased) and Applicant No.4 Dashrath (father of the deceased) are allowed to withdraw the amount of Rs.75,000/- each after giving undertaking to the satisfaction of the Court. 5.

Civil Application disposed of.

(MRS.MRIDULA BHATKAR, J.) 2/2