Sugarabi Khalil Shaikh And ORS v. M/S I.C.I.C.I. Lombord Insurance Co. Ltd., Thr Its Legal Manager And ORS

2024:BHC-AUG:6599 932-CA-3075-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3075 OF 2024 IN FA/2321/2018 SUGARABI KHALIL SHAIKH AND ORS

VERSUS

M/S I.C.I.C.I. LOMBORD INSURANCE CO. LTD., THR ITS LEGAL MANAGER AND ORS ....

Mr. R. B. Dhakane, Advocate for applicants Mr. V. N. Upadhye, Advocate for respondent No.1 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 21 MARCH 2024 PER COURT :- 1.

The applicants/original claimants have filed the present application for permission to withdraw the remaining amount on the ground that the First Appeal filed by the non applicant /appellant - insurance company, is dismissed on 13.12.2023.

2.

On face of record, it appears that the non-applicant No.1 - insurance company had filed the appeal challenging the judgment and award dated 28.03.2018 passed by the learned

(( 2 )) 932-CA-3075-2024 Member, Motor Accident Claims Tribunal at Aurangabad in M.A.C.P. No.498 of 2015. In pursuance of order dated 10.12.2018, the present applicant/original claimants were permitted to withdraw an amount of Rs.5,00,000/- (Rupees Five Lakh) out of the total amount of Rs.15,73,799/-, which was deposited by the appellant-insurance company towards compensation with accrued interest thereon. Since the appeal instituted by the non-applicant No.1/original respondent - insurance company, is dismissed on merit, the applicants - original claimants are entitled for remaining amount, which are lying with this Court.

3.

The Registry is hereby directed to pay the remaining balance amount with accrued interest, if any, to the applicants/original claimants after verification. 4.

The civil application is accordingly disposed of. [ Y. G. KHOBRAGADE, J. ] SMS