Bhartibai Ramrao Honmane And ORS v. Oriental Insurance Co Ltd Through Its Branch Manager And ORS

946-CA-4138-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 4138 OF 2025 IN FAST/22141/2022 Bhartibai Ramrao Honmane And Ors.

....Applicants

VERSUS

Oriental Insurance Co Ltd Through Its Branch Manager And Ors .....Respondents .....

Mr. Hanmant Bhagwan Nandagavale, Advocate for Applicants Mr. Mukesh K. Goyanka, Advocate for Respondent No.1 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

09.04.2025 PER COURT :

1.

This is an Application for withdrawal of remaining 50% amount by the Original Claimants. The Appeal is preferred by the Insurance Company against the Judgment and Award passed by the learned Tribunal, granting compensation towards motor accident.

2.

The Insurance Company has deposited total amount Rs.37,04,317/-, which is inclusive of interest. There is no dispute that, the Applicants / Claimants, by Order dated 07/07/2023 passed in Civil Application No.8272/2023, were permitted to withdraw 50% amount of the aforesaid amount deposited by the Insurance Company.

3.

Heard the learned Advocate for the Applicants / Claimants and the learned Advocate for the Insurance Company.

946-CA-4138-2025.odt 4.

The Insurance Company has challenged the impugned Award mainly on the ground of fndings recorded by the Tribunal on the point of negligence. Considering this, it would be appropriate to permit the Applicants to withdraw 50% of the remaining amount on furnishing solvent surety / security to the satisfaction of the Registrar [Judicial] of this Court.

5.

Civil Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 15/04/2025 12:11:01