Hanumant Nana Tour And Another v. The Branch Manager National Insurnace Co Ltd And Others

2024:BHC-AUG:16299 CA 6957/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 6957 OF 2024 IN FAST/7648/2024 HANUMANT NANA TOUR AND ANOTHER

VERSUS

THE BRANCH MANAGER NATIONAL INSURNACE CO LTD AND OTHERS ...

Advocate for Applicant : Mr. Rathi Swapnil S. Advocate for Respondent 1 : Mr. S.R. Bodade ...

CORAM

: KISHORE C. SANT, J.

Dated : July 30, 2024 PER COURT :- 1.

Heard the parties.

2.

This application is by the original claimants for withdrawal of amount deposited by the Insurance Company in this court pursuant to the judgment and award passed by the MACT, Latur in MACP No. 5/2020 dated 8.9.2023. The compensation amount is towards death claim of the deceased, who unfortunately died in an accident. Applicant No. 1 is the husband of the deceased and applicant No. 2 is the son of the deceased. The deceased was claimed to be a teacher.

3.

The learned advocate for the Insurance Company vehemently opposes the application.

4.

Considering that the awarded compensation amount is Rs.8,57,000/-, this Court is inclined to allow the applicants to withdraw 75% of the amount deposited in this Court along with the accrued interest on usual undertaking. The application is, thus, partly allowed and is disposed of. The amount be transferred to the learned MACT, Latur with direction to allow the applicants to withdraw the amount without requiring any formal application

CA 6957/24 and on furnishing undertaking that in case, the appeal is allowed, the applicants shall redeposit the amount with the Tribunal along with interest within twelve weeks from such judgment.

( KISHORE C. SANT, J. ) ssc/