Farzana Chand Shaikh And ORS v. Iffco Tokyo General Insurance Co. Ltd., Thr Its Branch Manager, Ahmednagar And ANR

(1) ca2711.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 2711 OF 2021 IN FA/2140/2020 FARZANA CHAND SHAIKH AND ORS VS IFFCO TOKYO GENERAL INSURANCE CO. LTD. THR ITS BRANCH MANAGER, AHMEDNAGAR AND ANR Ms.Ashlesha Kulkarni, Advocate h/f Mr. S. J. Salunke, Advocate for the applicant Mr. S. G. Chapalgaonkar, Advocate for the respondent No.1 CORAM :

N. J. JAMADAR, J.

DATE :

01-03-2021 P. C.

.

This application is preferred for withdrawal of the amount deposited by the respondent No.1-insurance company pursuant to the judgment and award dated 11-03-2020 passed by the learned Chairman of MACT, Beed in MACP No. 181/2017. 2.

The applicants claim to be the dependents of the deceased. Applicant No.1 is the widow of the deceased and applicant Nos. 2 to 7 are her children. The applicants claim that they are in need of money. The applicant Nos. 4 and 5 are still persuing education and require substantial amount to meet the expenses of education.

(2) ca2711.21 2.

Heard learned counsel for the applicants and learned counsel for the respondent No.1-insurer.

3.

The respondent No.1-insurer has deposited a sum of Rs. 60,68,153/-.

4.

Having regard to the amount of compensation deposited by the respondent No.1-insurer and the assertions in the application for withdrawal of amount, it would be expedient to allow the applicants to withdraw 60% of the amount deposited by the respondent No.1-insurer alongwith interest accrued thereon. Hence, the following order.

ORDER

i.

The applicants are entitled to withdraw 60% of the amount deposited by the respondent No.1-insurer alongwith interest accrued thereon, on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial) of this court.

ii.

The application is disposed of.

[ N. J. JAMADAR, J. ] VishalK/ca2711.21