Ranjana Aba Dapke And ORS v. The Senior Div. Manager United India Insurance Co Ltd Osmanpura Aurangabad Thr Its Aut And ORS

2025:BHC-AUG:19464 1 922 ca 7514.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7514 OF 2025 IN FIRST APPEAL STAMP NO. 8325 OF 2025 Ranjana Aba Dapke and others .. Applicants

Versus

The Senior Divisional Manager United India Insurance Co Ltd and others .. Respondents Ms. Meera A. Bhosale, Advocate for the Applicants. Shri Swapnil S. Rathi, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD JULY, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Though the respondent No. 5 is yet to be served in the civil application for condonation of delay, learned counsel for the applicants/original claimants adverted my attention to her application seeking withdrawal of amount in view of exigency. It is contended that applicants/claimants are entitled to receive the amount. It is a death claim and the applicants were dependent upon the deceased. The insurance company has deposited Rs. 25,26,912/- and Rs. 25,000/- as statutory deposit.

2 922 ca 7514.25 3.

Learned counsel Mr. Rathi for the insurance company would submit that appeal is filed on various grounds namely quantum, driver was not having valid licence, etc. It is tried to be demonstrated that the license which was produced before the Tribunal was not valid.

4.

After considering rival submissions of the parties, contents of the civil application and findings of the impugned judgment and award, I find it fit to permit the applicants to receive 50% of the amount deposited along with accrued interest on certain conditions.

5.

The civil application is allowed permitting the applicants to receive 50% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/July 25