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Bombay High CourtCA/6744/2019disposed offdismissed for default

Rekha Yuvraj Ghadge And ANR v. The Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

2019-06-14Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1038 CIVIL APPLICATION NO.6744 OF 2019 IN FA/1115/2019 REKHA YUVRAJ GHADGE AND ANO

VERSUS

THE SHRIRAM GENERAL INSURACE CO. LTD., THR ITS BRANCH MANAGER, AURANGABAD AND ANO ...

Advocate for Applicants : Mr. Shinde Shrikishan S. Advocate for Respondent No.1 : Mr. S. G. Chapalgaonkar ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 14-06-2019.

PER COURT :

1.

Present application has been filed for withdrawal of the amount. 2.

The insurance company is opposing the award on the ground of non-involvement of the vehicle insured with it, and it is stated that the vehicle shown to have been involved is planted later on. 3.

Taking into consideration the fact that the Tribunal has allowed the petition at this stage and also fact that the sole earning member of the family of the applicant has expired, for survival, some amount needs to be allowed to withdraw by the applicants by safeguarding the interest of present respondent No.1.

4.

Therefore, applicant No.1 is allowed to withdraw amount of Rs.4,00,000/- from the amount deposited in this matter upon furnishing undertaking that she will make good the said amount in case directed at the time of final disposal of the first appeal. 5.

With these directions, the civil application stands disposed of. (SMT. VIBHA KANKANWADI) JUDGE vjg/-