Noorjahan Abdul Karim Shaikh And ORS v. Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR
46-CA-7256-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 46 CIVIL APPLICATION NO. 7256 OF 2020 IN CA /1198/2020 IN FAST/25453/2019 NOORJAHAN ABDUL KARIM SHAIKH AND OTHERS
VERSUS
SHRIRAM GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, AURANGABAD AND ANOTHER ......
Advocate for Applicants : Mr. Dadpe Prasanna D. Advocate for Respondent no.1 : Mr. S. G. Chapalgaonkar .....
CORAM : V. K. JADHAV, J.
DATED : 23RD NOVEMBER, 2020 PER COURT :- 1.
Heard both sides.
2.
By order dated 23.07.2020, this Court (Coram : Mangesh S. Patil, J.) has allowed the applicants to withdraw in aggregate an amount of Rs.25,00,000/- out of the amount deposited by the Insurance Company in this Court strictly in accordance with the mode, manner and apportionment done by the Tribunal in the impugned judgment and order. 3.
Learned counsel for the applicants, on the basis of the Aadhar Cards of claimant nos. 2 to 4 submits that claimant vre/-
46-CA-7256-2020.odt nos. 2 to 4 have attained the age of majority. Applicantclaimant no.2 Rakan appears to be 23 years of age. Applicant/claimant no. 3 Salva appears to be 20 years of age and applicant/claimant no.4 Sameera appears to 18 years of age. Learned counsel submits that the applicant-original claimant no.1 is the widow and if withdrawal is permitted in terms of the order passed by the Tribunal, then the applicant/original claimants would get meager amount. 4.
In view of the above submissions, the applicants original claimant nos. 2 to 4 as mentioned above, since attained the age of majority, are permitted to withdraw the amount of Rs.2,50,000/- each, and the applicant-original claimant no.1 Noorjahan is permitted to withdraw the amount of Rs.5,00,000/- out of the amount transmitted to the Tribunal in terms of the order dated 23.07.2020. The Civil Application is accordingly disposed off. Needless to say that the order dated 23.07.2020 is modified to the extent as above.
( V. K. JADHAV, J. ) vre/-