Madhuri Ranjit Karanje And ORS v. The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ANR

905 ca.1485.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

905 CIVIL APPLICATION NO.1485 OF 2022 IN FAST/25376/2016 MADHURI RANJIT KARANJE AND OTHERS

VERSUS

THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS DIV. MANAGER, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. S. S. Jangale, Mr. Rahul R. Karpe. Advocate for Respondent No.1 : Mr. A. G. Kanade. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

11th February, 2022.

P.C.:

.

It is an application for withdrawal of entire amount deposited by the insurance company in this Court alongwith accrued interest thereon.

Heard Mr. S. S. Jangale, holding for Mr. Rahul Karpe, learned counsel for applicants and Mr. Kanade, learned counsel for respondent No.1/insurance company, who is the main contesting party. Mr. Jangale, learned counsel submits that there was marriage in the family of applicants/claimants. It was solemnized on 5th February, 2022, however, the claimants are in need of money. Applicant No.1 is now shouldering the responsibility to run the family. He, therefore, urged to allow the applicants/claimants to withdraw the entire amount of compensation with accrued interest.

905 ca.1485.22.odt Mr. Kanade, learned counsel for respondent No.1/insurance company strongly opposed to allow this application. He points out that the claimants had already withdrawn more than 50% of the amount of compensation. He submits that the wedding is over. There is no reason to allow this application. He further submits that by looking to the year of appeal, this appeal can be taken up for final hearing instead of allowing this application.

It is evident from the record that the applicants/original claimants had already withdrawn more than 50% amount of compensation i.e. more than Rs.7,00,000/-. The reason stated in the application is also not remained. The wedding is already performed on 5th February, 2022. I do not see any genuine reason to allow this application. At the most, the applicants can pray for expedite hearing of the appeal. Hence, the following order is passed:

O R D E R

The application is rejected.

[ SHRIKANT D. KULKARNI, J. ] nga