Sangita Madhukar Borde And ANR v. Reliance General Insurance Co Ltd And ORS

2025:BHC-AUG:21317 1 958 ca 4406.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4406 OF 2025 IN FIRST APPEAL NO. 919 OF 2025 Sangita Madhukar Borde and another .. Applicants

Versus

Reliance General Insurance Co.

Ltd. and others .. Respondents Shri Ravindra V. Gore, Advocate for the Applicants. Shri A. S. Usmanpurkar, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 08TH AUGUST, 2025.

FINAL ORDER :

.

Heard both sides. Applicants seek to withdraw Rs. 30,65,155/- and the statutory deposit of Rs. 25,000/- for the reasons stated in the application. It's a death claim and parents are in need of money, which is deposited by the respondent No. 1/Insurance Company.

2.

Learned counsel Mr. Usmanpurkar for the respondent No. 1/Insurance Company objects the application mainly on the ground that accident took place on 09.01.2021 and the evidence on record shows that the deceased was not in service at the relevant time and her salary pressed into service by the applicants is vulnerable.

2 958 ca 4406.25 3.

I have considered rival submissions of the parties. The objection raised by Mr. Usmanpurkar, learned counsel for the Insurance Company, prima facie has substance, however, it's a death claim and parents are claiming the amount deposited in this Court. Interest of justice would be sub served in permitting the applicants to withdraw 60% of the amount deposited in this Court.

4.

The civil application is partly allowed. The applicants are permitted to withdraw 60% of the amount deposited in this Court along with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25