Ushabai Machindra Karad And ORS v. United India Insurance Company Ltd Jalna Road Aurangabad And ORS

(1) ca3033.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.3033 OF 2021 IN FA/554/2013 USHABAI MACHINDRA KARAD AND ORS

VERSUS

UNITED INDIA INSURANCE COMPANY LTD JALNA ROAD AURANGABAD AND ORS Mr. Suhas R. Shirsat, Advocate for the applicants CORAM :

N. J. JAMADAR, J.

DATE :

03-03-2021 P. C.

.

This application is preferred by the legal representatives of respondent No.4-original claimant No.4-Bhaskar pursuant to the judgment and award dated 21-08-2009 passed by the Member of MACT, Beed in MACP No.27/2008.

2.

The learned Member of the tribunal had directed to pay the amount of compensation to respondent No.4-Bhaskar. The appeals preferred by the insurer-original respondent No.3 came to be dismissed by this court by the judgment and order dated 19-052020. Thereafter, respondent No.4-Bhaskar died on 09-09-2020. Hence, this application for allowing the applicants to withdraw the amount deposited by the insurer in this court. The application is supported by the affidavit and copy of heir certificate. In fact, Sou. Sudhamati Karad-applicant No.5 herein, wife of the deceased, was

(2) ca3033.21 also awarded compensation by the tribunal. Thus, the claim of the applicants appears to be boafide. Hence, the following order.

ORDER

i.

The application stands allowed.

ii.

The applicants namely; Ushabai w/o Machindra Karad, Rajashree D/o. Machindra Karad, Ganesh S/o. Machindra Karad and Sudhamati W/o. Bhaskar Karad be allowed to withdraw the amount which was awarded to respondent No.4-Bhaskar alongwith interest accrued thereon in equal proportion.

iii.

The application stands disposed of.

[ N. J. JAMADAR, J. ] VishalK/ca3033.21