Narayan Puna Patil v. The New India Insurance Co. Ltd, Thr Its Branch Manager And ANR

1026 ca 3686.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1026 CIVIL APPLICATION NO. 3686 OF 2017 IN FA/644/2014 NARAYAN PUNA PATIL

VERSUS

THE NEW INDIA INSURANCE CO LTD, THR ITS BRANCH MANAGER AND ANR ...

Advocate for Applicant : Kazi Sabahat T.

Advocate for Respondents : M. M. Ambhore For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 17-03-2017.

P.C. :

1.

The learned counsel for the applicant submits that, recently the elder son of the applicant died on account of some liver disease and the applicants incurred huge medical expenses towards his treatment. A certificate to that effect is also placed on record at exhibit-R2.

2.

The learned counsel for the respondent-insurer has strongly resisted the application on the ground that, as per the earlier order passed by this Court, the applicants have withdrawn 50% of the amount and the applicant may not be permitted to withdraw the remaining amount since certain specific defence is available to the respondent-insurer. The learned counsel in the alternate submits that, the applicant may be permitted to withdraw some amount on furnishing solvent security.

1026 ca 3686.17.odt 3.

In view of the above submission and considering the certificate exhibit-R2 placed on record and since the applicant has incurred huge medical expenses for the treatment of his son and, subsequently, the elder son died while under treatment, the applicant is permitted to withdraw Rupees One Lakh on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

(V.K. JADHAV) JUDGE mub