Kishor Anurath Ubale Through His Next Friedn His Brother Ishwar Anurath Ubale v. United India Insurance Company Ltd Through Its Branch Manager And ANR

2024:BHC-AUG:13501 ( 1 ) ca4430.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 73 CIVIL APPLICATION NO. 4430 OF 2024 IN FA/3848/2023 KISHOR ANURATH UBALE THROUGH HIS NEXT FRIEDN HIS BROTHER ISHWAR ANURATH UBALE

VERSUS

UNITED INDIA INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND ANR Mr.S.S. Dargad, Advocate for the applicants.

Mr.S.S.Rathi, Advocate for respondent No.1.

CORAM

: KISHORE C. SANT, J.

DATED : 05.07.2024 PC :- 01.

Heard learned Advocates for the parties. This application is filed for withdrawal of the amount deposited by the insurance company in this Court. The applicant is the person who received injury in an accident and who has become incapacitated from working.

02.

The application is opposed by the appellant on the ground that there are substantial grounds taken in the appeal memo, such as noninvolvement of the offending vehicle. Considering that the FIR was lodged after seven days of the accident, it creates doubt about involvement of the offending vehicle. He further states that in-case the amount is withdrawn by the claimant, it would be difficult to recover the same in case the appeal is allowed.

( 2 ) ca4430.24 03.

Considering the arguments, this Court is inclined to allow this application as under :-

ORDER

(i) The application is partly allowed.

(ii) The applicant is permitted to withdraw 50% of the amount deposited in this Court along with accrued interest on furnishing usual undertaking. Further 25% of the amount with interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial ) of this Court. Balance amount shall be invested in the fixed deposit to be renewed from time to time, till disposal of the appeal. (iii) It is submitted that the applicant himself is not in a position to file undertaking as he has become incapacitated. Even the claim was also filed through his brother. Therefore, office to accept undertaking of claimant's brother, namely, Ishwar Anurath Ubale.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca4430.24