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Bombay High CourtCA/6905/2023disposed off

Abhishek Sudarshan Patil v. United India Insurane Co. Ltd., Thr Its Divisional Manager, Aurangabad And ORS

2023-06-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

922-CA-6905-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 6905 OF 2023 IN FIRST APPEAL NO. 1876 OF 2013 ABHISHEK SUDARSHAN PATIL

VERSUS

UNITED INDIA INSURANCE COMPANY LTD THR ITS DIVISIONAL MANAGER AURANGABAD AND OTHERS ...

Mr. S.B. Bhapkar - Advocate for Applicant Mr. G.K. Kadam - Advocate for Respondent No.2 Mr. P.B. Rakhunde - Advocate for Respondent No.3 Ms. A.N. Ansari - Advocate for Respondent No.4 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 9th June, 2023 PER COURT :

1.

Heard learned counsel for the applicant.

2.

The applicant is seeking withdrawal of entire amount of compensation falling to his share alongwith the interest accrued thereon.

3.

Admittedly, the appeal filed by the Insurance Company against the original award passed by the learned Tribunal has been dismissed on 09.09.2015. Further, this Court vide order Pooja K.

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922-CA-6905-2023 dated 5th December, 2019 has already permitted the other claimants to withdraw the compensation amounts falling to their shares. The present applicant being minor at the relevant time could not withdraw his share. Now it appears that, applicant is major and therefore, he is permitted to withdraw the amount of compensation falling to his share as deposited by the respondent No.1 - Insurance Company in First Appeal No. 1876 of 2013 alongwith with the interest accrued thereon till date.

4.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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