Surekha Ravikant Yadav And ORS v. National Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And ORS

C.A. No.5470/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5470 OF 2021 IN FIRST APPEAL NO.88 OF 2021 Surekha Ravikant Yadav & ors.

... APPLICANTS

VERSUS

National Insurance Company Ltd. & ors. ... RESPONDENTS .......

Mr. V.P. Patil, Advocate for applicants Mr. V.R. Mundada, Advocate for respondent No.1 Mr. V.B. Spatil, Advocate for respondent No.3. .......

CORAM :

R. G. AVACHAT, J.

DATE :

11th AUGUST, 2021 PER COURT :

Heard. The learned counsel for the appellant Insurance Company submits that, the applicants - claimants have all been 30 plus. None of them was in fact dependent on the deceased. The appellant Insurance Company has deposited not less than Rs.97 Lakhs. If the amount is paid to the applicants, it would be very difficult to recover the same in case the appeal is allowed.

2.

I have considered the submissions. Perused the

C.A. No.5470/2021 :: 2 ::

impugned award. I am inclined to permit the applicants to withdraw 30% of the amount deposited in this Court on furnishing usual undertaking. Civil Application is disposed of. 3.

Record and proceedings be called for.

( R. G. AVACHAT ) JUDGE fmp/-