Asha Popat Raskar And ANR v. Shriram General Insurance Co. Ltd., And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

17 CIVIL APPLICATION NO.6224 OF 2020 IN FAST/25537/2019 ASHA POPAT RASKAR AND ANOTHER

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD., AND ANOTHER ...

Advocate for Applicants : Mr. Kakasaheb J. Tandale. Advocate for Respondent No.1 : Mr. V. N. Upadhye. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

21st March, 2022.

P.C.:

.

Mr. Tandale, learned counsel for applicant undertakes to remove office objections regarding respondent No.1 forthwith. His undertaking is accepted.

It is an application for withdrawal of amount moved by the applicants/original claimants.

Heard Mr. Tandale, learned counsel for applicants and Mr.Upadhye, learned counsel for respondent No.1/insurance company. None present for respondent No.2 when the matter is called out. The insurance company has deposited an amount of Rs.18,03,814/- plus Rs.25,000/- towards statutory deposit. It is a death claim and applicant No.1/claimant has lost her husband in a

motor vehicle accident. She is now shouldering the responsibility of the family.

Mr. Upadhye, learned counsel for insurance company opposed to allow this application in view of the grounds raised in the appeal memo.

Having considered the submissions of Mr. Tandale, learned counsel for applicants and Mr. Upadhye, learned counsel for insurance company and looking to the fact that applicant No.1/claimant has lost her husband in a motor vehicle accident and she is now required to shoulder responsibility of her family, if 50% of the compensation amount is allowed to be withdrawn she may look after her family in a proper way. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants are permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The remaining 50% balance amount shall be invested in fixed deposit account in any Nationalized Bank with clause of renewal.

V.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga