Tukaram Kaduba Rodge v. Div. Manager, United India Insurance Co. Ltd., Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 9536 OF 2018 IN FAST/12039/2018 TUKARAM KADUBA RODGE

VERSUS

DIV. MANAGER, UNITED INDIA INSURANCE CO. LTD., AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Gaikwad Satish A. Mr. SS Dargad, Adv. h/for Mr. S. G. Chapalgaonkar for R/1;

Mr.M. M. Ambhore, Adv. for R/4.

----- CORAM : P.R.BORA, J.

DATE :

4 th October,2018.

PER COURT :

1.

Heard learned counsel for applicant and learned counsel appearing for respondent - insurance company.

2.

Though learned counsel appearing for United India Insurance company has strongly opposed for permitting withdrawal of the amount, I see no reason for not allowing withdrawal of the amount of compensation as deposited by the said insurance company in this Court.

3.

From the grounds of objections, it appears BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD that the real dispute is as about apportionment of the liability inter-se the insurance Companies. In the circumstances, there seems no reason for not allowing the applicant to withdraw the amount as deposited by the insurance company. Hence, the following order.

ORDER

i.

The applicants are permitted to withdraw the deposited amount on submitting an undertaking to the satisfaction of Registrar of this Court.

ii.

The Civil Applications for withdrawal of the amount stand disposed of.

(P.R.BORA) JUDGE bdv/ BDV