Keshav Punjaram Bodkhe And ORS v. Shriram General Insurance Co. Ltd., Thr Its Authorized Officer And Others

(1) 922 CA-3134.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.3134 OF 2021 IN FA/1280/2021 WITH CA/6622/2020 IN FA/1280/2021 KESHAV PUNJARAM BODKHE AND OTHERS

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICER AND OTHERS ...

Mr. Avinash Aghav, Advocate for the applicants. Mr. V.N. Upadhye, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

08.02.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking withdrawal of the compensation amount alongwith interest accrued thereon. Learned Counsel for the respondent Insurance Company strongly opposed the application on the ground that the deceased was traveling in goods vehicle as a gratuitous passenger. As such, while permitting any withdrawal, some security needs to be taken.

2.

In view of the same, the applicants are allowed to withdraw 50% of the deposited compensation amount alongwith the proportionate accrued interest thereon till date, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amount be

(2) 922 CA-3134.2021.odt invested in F.D.R. in any Nationalized Bank on yearly renewal basis, till final disposal of this appeal. The amount which is permitted to be withdrawn be distributed equally among the applicants.

3.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde