Kailas Tukaram Mahajan v. The United India Insurance Co. Ltd. Thr Its Administrative Officer, Aurangabad And ANR

{1} 922 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 11000 OF 2017 IN FAST/35080/2016 KAILAS TUKARAM MAHAJAN

VERSUS

THE UNITED INDIA INSURANCE CO. LTD. THR ITS ADMINISTRATIVE OFFICER, AURANGABAD AN ...

Advocate for Applicant : Mr. Madhav M. Bhokarikar Adv. for Respondents: Mr. S.R. Bagal CORAM : K.K. SONAWANE, J.

DATE : 11th October, 2017.

PER COURT:

1] Heard learned counsel for the applicant and learned counsel for the United India Insurance company. None appears for respondent No.2. At this juncture, learned counsel for the appellant submits that the respondent No.2 is no more and he passed away long back. The appellant has also moved Civil Application No. 10999 of 2016 for bringing LRs of deceased respondent No.2 - Mr. Vijay Joshi on record.

2] This is an application filed by original claimants for seeking permission to withdraw the amount deposited by the insurance company. There is no impediment to appreciate the contentions of applicant, in absence of proposed LRs of respondent No.2. The appellant Insurance Company has deposited the entire amount alongwith interest, as awarded by the learned Tribunal. The applicant claimant seeks permission to withdraw the entire amount. In view of nature of subject matter and the subject matter in the appeal, it would be justifiable to allow the applicant to withdraw 50% of the amount deposited in this court. 3] Therefore, the applicant is hereby permitted to withdraw 50%

{2} 922 sr.no..odt of the amount deposited in this court on behalf of Insurance Company, subject to condition that the applicant shall furnish undertaking to the satisfaction of Registrar (Judicial ) of this Court, to the effect that in case adverse situation arises after adjudication of the appeal on merit, in favour of the appellant insurance company, the applicant will refund the amount forthwith as per the directions of this Court. Rest of the amount deposited on behalf of the insurance company be invested in FDR account in any nationalized bank for a period of two years or till adjudication on merit. Registry to do the needful for disbursement of 50% of the amount in favour of the applicant, as referred above. Accordingly, application for withdrawal of amount stands disposed of.

[K.K. SONAWANE] JUDGE.

grt/-