Ashabai Chandrakant Darade And ORS v. New India Assurance Co Ltd Through Its Branch Manager And ORS

2024:BHC-AUG:12761

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 3554 OF 2024 IN FA/4401/2023 Ashabai Chandrakant Darade And Ors

VERSUS

New India Assurance Co. Ltd. Through its Branch Manager & Ors. ...

Advocate for Applicants : Mr. S.S. Dargad Advocate for Respondent 1 : Mr. S.R. Bagal ...

CORAM

: KISHORE C. SANT, J.

Dated : June 28, 2024 PER COURT :- 1.

Heard the learned advocate for the parties.

2.

This application is filed by the original claimants for withdrawal of the amount of compensation deposited by the Insurance company in this Court. 3.

After hearing the parties, this Court finds that substantial grounds as regards the non involvement of the vehicle is raised in this appeal and that is the main ground on which the application is vehemently opposed by the learned advocate for the respondent/Insurance Company. This Court finds that following order would meet the ends of justice.

ORDER

(i) The application is partly allowed. The applicants are entitled to withdraw 50% of the amount deposited in this Court by the Insurance Company along with accrued interest as per the proportion given in the impugned award by filing an undertaking that in the event, the appeal is allowed, the applicants shall redeposit the amount within twelve weeks thereafter. The application is disposed of.

( KISHORE C. SANT, J. ) ssc/