Shamrao Dadu Waghmare And ANR v. Iffco Tokyo General Insurance Co. Ltd., Thr Its Branch Manager, Ahmednagar And ANR

57-CA-7528-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 7528 OF 2020 IN FA/1603/2020 SHAMRAO DADU WAGHMARE AND ANR

VERSUS

IFFCO TOKYO GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AHMEDNAGAR AND ANR ......

Advocate for Applicants : Mr. Dixit Sushant V. 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.

Though learned counsel for the respondent-insurer has resisted the application on various grounds as raised in the appeal challenging the judgment and order passed by the tribunal, however, considering the death claim and since applicant no.2 is the unmarried sister of the deceased, I am inclined to permit applicant no.2 Prachi Vijay Waghmare to withdraw the amount to the extent of 50% out of the vre/-

57-CA-7528-2020.odt amount deposited before this Court. Hence, the following order:

ORDER

I.

Out of the amount deposited before this Court, the amount to the extent of 50% shall be transferred to the M.A.C.T., Ahmednagar.

II.

The M.A.C.T., Ahmednagar shall pay the said amount to applicant no. 2 Prachi Vijay Waghmare on her furnishing an undertaking to the satisfaction of the learned Member, M.A.C.T., Ahmednagar.

III. The Civil Application is accordingly disposed off. ( V. K. JADHAV, J. ) ...

vre/-