Dwarkabai Avdhutrao Gade And ANR v. Goraknath Ramrao Kadam And ANR

2024:BHC-AUG:15428 CA 1488/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 1488 OF 2024 IN FA/4170/2023 DWARKABAI AVDHUTRAO GADE AND ANR

VERSUS

GORAKNATH RAMRAO KADAM AND ANR ...

Advocate for Applicants : Mr. M.V. Ghatge Advocate for Respondent 2 : Mr. S.S. Rathi ...

CORAM

: KISHORE C. SANT, J.

Dated : July 22, 2024 PER COURT :- 1.

Heard the parties. This application is for withdrawal of amount of compensation deposited by the appellant/Insurance Company in this Court. 2.

The learned advocate for the appellant/Insurance Company vehemently opposed the application, stating that in this case there was fundamental breach of terms of the policy. The deceased was travelling in goods vehicle and considering that the Insurance Company would not be held liable to pay the amount of compensation. 3.

Considering the facts of the case, at the most, prima facie it appears to be case of direction of pay and recover to the Insurance Company. Considering that, this Court is inclined to allow the application. Hence, the order.

ORDER

(i) The applicants/original claimants are entitled to withdraw 50% of the amount deposited by the Insurance Company in this Court along with accrued interest, subject to filing of usual undertaking. Further 25% of the amount deposited in this Court is allowed to be withdrawn by the applicants

CA 1488/24 along with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar Judicial of this Court. Remaining amount be invested in fixed deposit, to be renewed from time to time till the disposal of the appeal. With this, the application stands disposed of. ( KISHORE C. SANT, J. ) ssc/