Sunita Kisan Karale And Others v. Oriental Insurance Company Ltd., Branch Office At Ahmednagar, Through The Branch Manager And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.4707 OF 2021 IN FA/17/2021 SUNITA KISAN KARALE AND OTHERS

VERSUS

ORIENTAL INSURANCE COMPANY LTD., AND OTHERS ...

Mr. R.S. Jasar, Advocate for applicants Mr. U.S. Malte, Advocate for the respondent No.1 ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE :

15th JUNE, 2021.

PER COURT :

Present application has been filed for withdrawal of the amount. Amount of Rs.25,44,371/- has been deposited in this Court by appellantOriental Insurance Company Limited on 23.02.2021. Heard learned Advocates of both sides.

Learned Advocate for respondent No.1 has strong objection on the ground that the defence was two folds, one is breach of condition and another is contributory negligence. As regards breach of condition is concerned, it would be at the most and pay and recover, for which the

CA_4707_2021 claimants will not be in picture and as regards contributory negligence is concerned, there appears to be no positive evidence that has been led by the insurance company. Therefore, there is no hurdle in allowing partial withdrawal.

Applicant No.1 is allowed to withdraw amount of Rs.10,00,000/-. Applicant Nos.3 and 4, in view of the fact that the Tribunal itself had granted amount of Rs.1,00,000/-, each of them, that is, towards their share out of the entire compensation amount, they are allowed to withdraw that much amount. It is clarified that from rest of the amount as per the Judgment, the applicant/original petitioner Nos.3 and 4 are not entitled to get more than the amount which is now allowed to be withdrawn by them.

Applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed, at the time of final disposal of the appeal.

Application stands disposed of accordingly.

( Smt. Vibha Kankanwadi, J. ) agd