Mohini Pankaj Jagtap And ORS. v. The New India Assurance Company Limited, Pune And ORS.

Shubhada S Kadam 3-ia-16411-2023-fa-1091-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16411 OF 2023 IN FIRST APPEAL NO.1091 OF 2016 Mohini Pankaj Jagtap and ors.

....Applicants

Versus

The New India Assurance Co. Ltd. and ors. ...Respondents Ms. Amrin Khan i/b. Mr. Avinash Gokhale, Advocate for the Applicants/Respondent Nos.1 to 3 in FA.

Mr. Devendranath S. Joshi, Advocate for Respondent/ Insurance Company.

CORAM : SHIVKUMAR DIGE, J.

DATE : 28th NOVEMBER, 2023.

P.C. :

1.

By this application, applicant No.3 is seeking withdrawal of compensation amount.

2.

Learned counsel for applicant submitted that this Court (Coram : Anuja Prabhudessai, J) by order dated 8th July 2022 has permitted applicant Nos. 1 and 2 to withdraw the amount. At that time, applicant No.3 was minor, hence her application was not considered. Now applicant No.3 has become major and she is pursuing MBBS, she needs the amount for her education purpose. Hence, requested to allow application. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.11.30 10:22:54 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 3-ia-16411-2023-fa-1091-2016.doc 3.

Learned counsel for respondent/Insurance Company objected for it stating that already amount is withdrawn by applicant Nos.1 and 2.

4.

I have heard both learned counsel. Applicant No.3 is pursuing MBBS degree. She needs the amount for education purpose. Considering this fact, I pass following order :

O R D E R

1.

Application is allowed.

2.

Applicant No.3 is allowed to withdraw 50% compensation amount which comes to her share, out of the deposited amount along with accrued interest thereon on furnishing usual undertaking.

Interim Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2