Mast. Rakshit Sagar Katariya And ORS v. Natha S/O Bandu Thakare And Another

1 912 ca 1257-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.1257 OF 2021 IN FA/3692/2019 MAST. RAKSHIT SAGAR KATARIYA AND ORS

VERSUS

NATHA S/O BANDU THAKARE AND ANOTHER ...

Advocate for Applicants :Mr. D. S. Kulkarni h/f Mr. A. D. Kulkarni Advocate for Respondent No.2 : Mr. A. G. Choudhari ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/10/2022.

P. C. :

1.

Heard rival submissions.

2.

Though the applicants are claiming entire amount of Rs.17,94,794/, which has been deposited by respondent No.2insurance company in this court. But as per the order in impugned award, the aforesaid amount is awarded only to present applicant Nos.1 & 2 and there is specifc order that the aforesaid amount be kept in FDR till the applicant No.1 & 2 attained majority. Further, in the mean time, the present applicant No.3 is allowed only to withdraw the interest amount on the FDR for their maintenance without intervention of the court. In view of the same, following order is passed.

ORDER

A) The application is partly allowed.

b) Applicant No.3, who is grand-father of applicant Nos.1 & 2 is permitted only to

2 912 ca 1257-21 withdraw the interest amount accrued till today, on the amount of award, which is kept in FDR for the maintenance of present applicant Nos.1 & 2.

C) Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-