Shridevi Madhukar Tope And ORS v. M/S Oriental Insurance Co. Ltd., Thr Its Asstt. Manager, (Legal Hub), Aurangabad And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.6453 OF 2022 IN FIRST APPEAL NO.25 OF 2022 SHRIDEVI MADHUKAR TOPE & OTHERS
VERSUS
M/S. ORIENTAL INSURANCE CO. LTD. AURANGABAD & ANOTHER ...
Advocate for the applicants : Ms.Kirti A.Deshpande h/f. Mr.M.M.Bhokarikar Advocate for Respondent no.1 : Mr.V.N.Upadhye ...
CORAM : S.G.DIGE, J.
DATE : 26.07.2022 P.C. :
1] Heard the learned counsel for the applicants and learned counsel for respondent no.1.
2] The learned counsel for the applicants submits that respondent no.1 has preferred an Appeal against the judgment and award passed by the learned Motor Accident Claims Tribunal, Jalgaon and has deposited the entire award amount before this Court. The deceased was the Karta of the applicants' family. There is no source of income
to the applicants and it is difficult for them to survive day by day, hence, requested to allow the present application. 3] The learned counsel for respondent no.1 strongly objected to allow the application on the ground that respondent no.1 has raised various grounds in the appeal. If respondent no.1 succeeds in the appeal, it would be difficult for respondent no.1 to recover the amount from the applicants, hence, requested to dismiss the application. 4] I have heard both learned counsel. Admittedly, husband of respondent no.1, father of respondent nos.2 to 4 and son of respondent no.5 is died in the accident. The learned Tribunal has passed reasoned order. The grounds raised in the appeal by respondent no.1 can be considered at the time of final hearing. The applicants are needed money for day to day survival, hence, I pass the following order :
ORDER
i] The application is allowed.
ii] The applicants are permitted to withdraw 30% amount along with accrued interest thereon by furnishing undertaking and 20% amount by furnishing solvent surety as per their share.
iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC