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Bombay High CourtCA/6050/2022disposed off

Sulbha Sudhakar Patil And ORS v. United India Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And Others

2022-04-18Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 27-CA-6050-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.6050 OF 2022 IN FAST/25556/2016 SULBHA SUDHAKAR PATIL AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr M.M. Bhokarikar Advocate for Respondent No.1 : Ms Sayali Tekale h/f Mr S.G. Chapalgaonkar CORAM : SHRIKANT D. KULKARNI, J.

DATE : 18th APRIL, 2022 PER COURT :

1.

Heard Mr M.M. Bhokarikar, learned counsel for the applicants and Ms Sayali Tekale holding for Mr S.G. Chapalgaonkar, learned counsel for respondent No.1/insurance company.

2.

Perused the earlier order passed by this Court dated 5th October, 2018 whereby the claimants were allowed to withdraw lumpsum amount of Rs. 6,00,000/- on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.

It is revealed during the course of argument that applicant No. 3Babita, applicant No. 4- Radhika and applicant No.5-Renuka are now married and after their marriage, their names have been changed as shown in the title clause. The applicants are seeking modification of the earlier order passed by this Court dated 05.10.2018 by permitting these applicant Nos. 3 to 5 to withdraw their compensation amount with changed name. I do not see any

2 27-CA-6050-2022 reason to refuse the prayer.

ORDER

(i) The application is hereby allowed in terms of prayer clause (B). (ii) The order dated 05.10.2018 stands modified accordingly. (iii) Applicant Nos. 3 to 5 are permitted to withdraw their compensation amount with changed names after their marriage. (iv) Applicant No. 6 Draupadabai Bhagwan Patil is no more and her legal heirs are already on record. As such, remaining claimants may withdraw the amount of compensation.

(v) The civil application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta