Minakshi Balaji Pawar And Another v. The Branch Manager National Insurnace Co Ltd And Others

2024:BHC-AUG:16300 CA 6957/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 6954 OF 2024 IN FAST/7872/2024 MINAKSHI BALAJI PAWAR 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. 6/2020 dated 8.9.2023. 3.

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

4.

Since the amount is only Rs. 5,00,000/- towards the death of minor daughter and the application is by the parents of the deceased, this Court is inclined to allow the application. Hence, the following order.

ORDER

(I) Application is allowed and is disposed of. The applicants are allowed to withdraw entire amount deposited in this Court along with the accrued interest on usual undertaking. The amount be transferred to the learned MACT, Latur with direction to allow the applicants to withdraw the entire amount without requiring any formal application 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/