Sindhubai Santosh Lambe v. The Oriental Insurance Co. Ltd Through Its Manager And Another

ca2747.21 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.2747 OF 2021 IN WP/13934/2019 SINDHUBAI SANTOSH LAMBE

VERSUS

THE ORIENTAL INSURANCE CO. LTD THROUGH ITS MANAGER AND ANOTHER .....

Advocate for Applicant : Mr. Kale Yogesh D Advocate for Respondent No.1 : Mr. Dhananjay P. Deshpande .....

CORAM : V. K. JADHAV, J.

DATED : 26th FEBRUARY, 2021 PER COURT:- 1.

Heard.

2.

Though learned counsel for the respondent insurer has strongly resisted the applications on various grounds, including the ground of limitation, however, considering the fact that bread earner of the family, who was farmer, died in the accident, and considering this grave situation, I am inclined to allow the applicant to withdraw 50% of the amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.

In view of above, civil application is partly allowed. 4.

The applicant is permitted to withdraw the amount of Rs.1,00,000/- (Rupees One Lac) alongwith accrued interest, if any,

ca2747.21 -2on furnishing undertaking to the satisfaction of Registrar (Judicial) of this court.

5.

Civil Application is accordingly disposed of. ( V. K. JADHAV, J.) rlj/