Rekha Satish Thopte And Others v. New India Assurance Company Ltd. Aurangabad

2024:BHC-AUG:19648 1 953

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 9048 OF 2024 IN FA/926/2014 REKHA SATISH THOPTE AND OTHERS

VERSUS

NEW INDIA ASSURANCE COMPANY LTD. AURANGABAD ...

Advocate for Applicants : Mr. Yuvraj S. Choudhari Advocate for Respondent No.2 : Mr. S. V. Kulkarni ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23rd AUGUST, 2024 PER COURT:

1.

Heard.

2.

The learned counsel submits that the first appeal is decided in favour of the claimants and that the amount is deposited by the insurance company in this court and seeks withdrawal of the same. However, during the pendency of the appeal, some of the claimants have expired. He submits that the legal heirs are already on record and that there are no other legal heirs. I have not ascertained this particular aspect of the matter.

3.

However, it is directed that the amount deposited in this court be transmitted to the Motor Accident Claims Tribunal, Beed in

2 953 M.A.C.P. No.254 of 2011. The claimants would be entitled to withdraw the amount in terms of the apportionment granted by the tribunal. 4.

As regards deceased claimants are concerned, the legal heirs would file the withdrawal application before the tribunal. The learned tribunal to decide the same.

5.

The civil application is disposed of.

[ARUN R. PEDNEKER, J.] marathe