Sunita Macchindra Amale And ORS v. Sitaram Rangnath Gholap

2024:BHC-AUG:13937 1 945-CA-5342-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5342 OF 2024 IN FA/2322/2018 SMT. SUNITA MACHHINDRA AMLE AND OTHERS

VERSUS

SITARAM RANGNATH GHOLAP ...

Ms. Savita P. Kakade (Matkar), Advocate for Applicant Mr. D.P. Deshpande, Advocate for Respondent No.2 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12th JULY, 2024 PER COURT :

1.

This is an application for withdrawal of amount of Rs.69,06,099/-, deposited by respondent No.2 Insurance Company in the Court.

2.

Applicants are original claimants who were awarded compensation of Rs.53,17,300/- by the Tribunal. Applicants so far have withdrawn an amount of Rs.11,00,000/- i.e. Rs.5,00,000/- by applicant No.1 and Rs.2,00,000/- by each applicant Nos. 2 and 3 and Rs.2,00,000/- by mother of the deceased, who is no more. Her death certificate is placed on record.

3.

Learned advocate for Insurance Company has strenuously opposed the application contending that the vehicle insured was not at all involved in the accident and after 11 days of the accident FIR was lodged.

SVH

2 945-CA-5342-24.odt 4.

Taking into consideration the fact that accident has taken place on 19/04/2014 and for the reasons stated in the application, applicants are permitted to withdraw amount of Rs.25,00,000/- along with proportionate interest, on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Civil application is accordingly disposed of. (NITIN B. SURYAWANSHI, J.) SVH