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Bombay High CourtCA/952/2025admittedallowedgrantedrule absolute

Vithal Yemaji Kadam And ORS v. Tata Aig General Insurance Co. Ltd., Thr Its Manager, Pune

2025-02-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:4155 (1) 907- FA-1399-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 FIRST APPEAL NO. 1399 OF 2019 WITH CIVIL APPLICATION NO. 952 OF 2025 IN FA/1399/2019 TATA AIG GENERAL INSURANCE CO. LTD., THR ITS MANAGER, PUNE

VERSUS

VITHAL YEMAJI KADAM AND ORS ...

Advocate for Appellant : Mr. S.S. Patil Advocate for Respondent Nos. 1 and 2 : Mr. P. S. Agrawal Advocate for Respondent No.3 : Mr. P. C. Mayure ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 13 FEBRUARY , 2025

ORDER

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of balance amount of compensation, along with the interest accrued thereon. 3.

The learned counsel for the insurance company opposed the application on the ground that the applicants have already withdrawn 50% of the deposited amount of compensation. 4.

However, considering the quantum of compensation, the applicants are permitted to withdraw 50% of the balance amount of compensation, along with the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

(2) 907- FA-1399-2019.odt 5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal. 6.

The civil application is accordingly disposed of. 7.

List the matter on 15.04.2025.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni