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Bombay High CourtCA/6174/2025admittedallowedgrantedrule absolute

Swati Sunil Gadgade And ORS v. Mohanrao Manikrao Kulkarni And ANR

2025-08-07Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:21198 924-CA-6174-25.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 6174 OF 2025 IN FA/3544/2019 Swati Sunil Gadgade And Others

VERSUS

Mohanrao Manikrao Kulkarni And Another ......

Mr. P.S. Chavan, Advocate for Applicants Mr. R.F. Totala, Advocate for Respondent No.2 ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 07 AUGUST, 2025 PER COURT :- 1.

Present application is filed for withdrawal of amount of compensation fallen to the share of applicant No.3, deposited by the Insurance Company.

2.

Learned counsel for the insurance company has no objection for the same. However, concern expressed by the learned counsel that, the amount withdrawn should be utilized for the medical care and attention of applicant No.3/claimant No.3, is justified. However, it is ultimately the natural guardian's decision.

3.

For the reasons stated in the application, the application is allowed in terms of prayer clause 'B'.

924-CA-6174-25.odt {2} 4.

Learned counsel for the applicant is permitted to carry out the necessary correction in the Vakalatnama to reflect that the natural guardian is representing Applicant No.3/Claimant No. 3. ABHAY S. WAGHWASE, JUDGE S P Rane