Kalyan So Kisan Doke Died Thro Renuka Kalyan Doke And ANR v. The New India Insurance Corrected Assurance Co Ltd And ORS

102-CA.4060-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 102 CIVIL APPLICATION NO. 4060 OF 2024 IN FA/2270/2023 WITH CIVIL APPLICATION NO. 6916 OF 2023 IN FA/2270/2023 KALYAN SO KISAN DOKE DIED THRO RENUKA KALYAN DOKE AND ANR

VERSUS

THE NEW INDIA INSURANCE CORRECTED ASSURANCE CO LTD AND ORS ...

Advocate for Applicants : Mr. Wagh Umakant U. ...

CORAM : S. G. MEHARE, J.

DATE :

22.04.2024 PER COURT :- 1.

Heard the learned counsel for the applicants. 2.

Earlier an application for withdrawal of the amount was heard and decided by order dated 08.03.2024. At that time, the learned counsel for the applicants had no instructions that one of the applicant namely Kalyan was no more. Now, he has been informed. The legal heirs of deceased Kalyan were already on record. Hence, the order may be modified directing to release the amount to the present applicants. 3.

Considering the pleadings and submissions, the following order is passed :

102-CA.4060-24.odt

O R D E R

(i) Civil Application No.4060 of 2024 is allowed. (ii) The order dated 08.03.2024 is modified as follows:

The name of applicant Kalyan be deleted from that application. The appellants be allowed to withdraw the amount on undertaking to deposit the amount if impugned judgment and award is reversed. The amount be apportioned equally. (S. G. MEHARE, J.) ...

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