Malanbai Gangadhar Deshmukh v. New India Assurance Co Ltd Through Its Branch Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.517 OF 2023 IN FAST/25266/2022 MALANBAI GANGADHAR DESHMUKH

VERSUS

NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER ...

Advocate for Applicant : Mr. Shinde Manoj Dharmaraj Advocate for Respondents : Mr. M. R. Deshmukh

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 13th JANUARY, 2023 ORDER:

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of entire amount of compensation alongwith the accrued interest thereon which has been deposited by the appellant insurance company.

3.

The learned counsel for the issuance company strongly opposed the application on the ground that involvement of the vehicle was not in fact established but the learned tribunal wrongly concluded that the Ape rickshaw had in fact caused the accident. Therefore, at this juncture, the applicants are permitted to withdraw only 50% of the compensation amount alongwith the accrued interest thereon

till date as per the same apportionment done by the learned tribunal. The applicants shall furnish usual undertaking while withdrawing the aforesaid amount to the satisfaction of the Registrar (Judicial) of this Court.

4.

Application disposed of.

(SANDIPKUMAR C. MORE, J. ) JPChavan