Anita Dhanjay Kapse And Others v. The New India Assurance Co. Ltd. Thr Itssenior Div. Manager, Aurangabad And ANR

992 ca8198.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 992 CIVIL APPLICATION NO. 8198 OF 2017 IN FA/891/2013 ANITA DHANJAY KAPSE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. THR ITSSENIOR DIV. MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Gandhi Amol S.

Advocate for Respondent No.1 : Mr. D.P. Deshpande .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicants submits that deceased was driver by occupation and he met with an accidental death. The applicants original claimants were depending on his income entirely and they have no independent source of income. The applicants, therefore, are not in a position to furnish the surety for withdrawal of the amount, as directed by this court. The applicants are ready to furnish undertaking.

3.

Learned counsel for the respondents-insurer has strongly resisted the application on the ground that this court has passed reasoned order and accordingly directed to furnish the solvent surety

992 ca8198.17 -2for withdrawal of the amount.

4.

In view of above submission and for the reasons stated in the application, the applicants are permitted to withdraw 50% amount out of the amount deposited before this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. The order dated 14.2.2014 is modified accordingly. Civil application is disposed of.

( V. K. JADHAV, J.) rlj/