Mrs. Ketki Bhavesh Aswekare And ANR. v. Reliance General Insurance Co. Ltd. And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.920 OF 2019 IN FIRST APPEAL NO.699 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Jeenal Upadhyay i/b Mr.Rajesh S. Patil for the applicant Mr.Nikhil Mehta i/b M/s.KMC Legal Venture for the respondent CORAM : K. K. TATED, J DATE : APRIL 23, 2019 P.C.:

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Heard.

By this Civil Application, Applicant original Claimant nos.1 and 2 seeks permission to withdraw the amount deposited by the Insurance Company in the Tribunal.

The learned counsel for the Applicant submits that in an accident which occurred on 15.7.2013 Applicant no.1 lost her husband and Applicant no.2 her father.

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The learned counsel for the Applicant submits that Applicant is housewife. She has to maintain her minor daughter. Hence, she requires the amount deposited by the Insurance Company.

It is to be noted that in the present proceedings, Tribunal by its judgment and award dated 22.11.2017 awarded sum of Rs.27,58,000/- by way of compensation with 8% interest. Tribunal is directed to invest sum of Rs.12,00,000/- in fixed deposit in the name of minor and sum of Rs.4,00,000/- be paid to the Claimant no.2. Considering these facts, I am of the opinion that at present Claimant no.1 widow can withdraw sum of Rs.6,58,000 with accrued interest without furnishing any security subject to outcome of the First Appeal. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Applicant No.1 is entitled to withdraw sum of Rs.6,58,000/- with accrued interest without furnishing any security subject to outcome of the First Appeal.

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b) Civil application stands disposed off accordingly.

c) No order as to costs.

(K.K.TATED, J.) 3/3