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Bombay High CourtCA/2091/2024admittedallowedgrantedrule absolute

Archana Arunrao Charthankar And ORS v. Oriental Insurance Company Ltd Through Its Branch Manager And ORS

2024-04-05Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:7948 15-CA-2091-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2091 OF 2024 IN FA/3730/2022 ARCHANA ARUNRAO CHARTHANKAR AND OTHERS

VERSUS

ORIENTAL INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Applicants : Mr. Sachin S. Deshmukh Advocate for Respondent No.1 : Mr. D. P. Deshpande ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1/appellant. 2.

The various issues have been involved in the matter. However, the fact remains that the deceased was a third party. Considering the question of dependency of the claimants on the deceased, the following order is passed;

ORDER

i) The application is allowed partly.

ii) The applicants are permitted to withdraw 75% amount deposited with this Court, with accrued interest on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed. iii) The amount allowed to be apportioned as per the impugned judgment and award.

iv) The balance amount be deposited in fixed deposit in any Nationalized Bank as per Rules.

( S. G. MEHARE ) JUDGE rrd