Nanda Pramod Patil And ANR v. The New India Assurance Company Ltd Thr Its Manager Aurangabad And ORS

7 ca.4964.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

7 CIVIL APPLICATION NO. 4964 OF 2017 IN FA/3406/2011 NANDA PRAMOD PATIL AND ANR

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD.

THROUGH ITS MANAGER AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Balbhim R. Kedar. Advocate for Respondent No.1 : Mr. A B. Kadethankar. ...

CORAM :

V. K. JADHAV, J.

DATE :

05th May, 2017.

P.C.:

.

Heard both the sides.

The learned counsel for Applicants submits that initially the Applicants were permitted to withdraw the amount of Rs.1,50,000/- as deposited by the Respondent / Insurer. However, thereafter, Respondent / Insurer has deposited Rs.2,79,119/- and as such, the Applicants may be permitted to withdraw the remaining amount also. The learned counsel for Respondent / Insurer has strongly resisted the application on the ground that the Applicants have already received certain amount from the compensation and the appeal filed by the Respondent / Insurer may be fixed for early hearing.

7 ca.4964.17.odt Considering the above submissions and considering the fact that only son of the Applicants met with an accidental death way back in the year 2000, the Applicants are permitted to withdraw the remaining amount alongwith interest accrued thereon on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Civil application for withdrawal of amount is accordingly disposed of. [ V. K. JADHAV, J. ] ndm