← Library
Bombay High CourtCA/6931/2025admittedallowedgrantedrule absolute

Subhas Baburao Karpe And ANR v. The Divisional Manager National Insurance Co Ltd And ANR

2025-07-10Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:18078 1 959(i).CA-6931-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 6931 OF 2025 IN FA/2418/2024 SUBHAS BABURAO KARPE AND ANR

VERSUS

THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD AND ANR .....

Advocate for the Applicants : Mr.Bhide Vinod Yashwantrao Advocate for Respondent No.1:Mr.S.V.Kulkarni ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 10th JULY 2025 PER COURT :

.

Heard both sides.

2.

Applicants are seeking withdrawal of amount of (Rs.32,98,587+Rs.25000) in aggregate Rs.33,23,587/- by the respondent/insurance company.

3.

Learned counsel Mr.Kulkarni for the respondents opposes the application. It is submitted that there is no evidence on record regarding income of the deceased. The notional income is on higher side. He would submit that entire amount can not be permitted to withdraw.

3.

Considering submissions of the parties, I find it fit to permit the applicants to withdraw Rs.12,00,000/- on furnishing

2 959(i).CA-6931-2025.doc undertaking.

4.

Civil application is partly allowed permitting the applicants to withdraw Rs.12,00,000/- on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.

The balance amount shall be invested in nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..