Rewati Kalidas Gholve And ORS v. Icici Lombard General Insurance Company Ltd Through Its Authorized Signatory And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7792 OF 2025 IN FA/1959/2011 Rewati Kalidas Gholve & others ..... Applicants

VERSUS

ICICI Lombard General Insurance Company & others .....Respondents Mr. S. S. Kulkarni, Advocate for Applicants.

Mr. R. H. Dahat, Advocate for Respondent No. 1. CORAM : R. M. JOSHI, J.

DATE : 3rd OCTOBER, 2025.

PER COURT :

1.

This is an Application filed by surviving original claimants in First Appeal No. 1959/2011 for seeking relief to withdraw the amount of compensation which came to the share of Claimant No. 5 Rukmini (now deceased).

2.

There is no dispute about the fact that First Appeal No. 1959/2011 filed by insurer stood dismissed by order dated 19.09.2018. On dismissal of the said appeal, claimants were entitled to withdraw the amount. Original claimants except Rukmini, since she died before the decision of the appeal, withdrew the amount deposited in this Court by the insurer.

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Applicants claim themselves to be the legal representatives of deceased Rukmini along with Haridas i.e. son of Rukmini. It is claimed in the Application that Haridas has no objection if the amount of compensation which fell to the share of Rukmini is paid to Rewati. In support of this Application, affidavit of Haridas is filed recording his no objection to the same. Record indicates that Civil Application bearing No. 10669/2025 came to be filed by Haridas specifically mentioning about the compensation fell to the share of his mother be permitted to be withdrawn by Rewati. 4.

In view of the above facts, this Court finds that there is no dispute about the Applicants being legal heirs of deceased Rukmini alongwith her son Haridas. Haridas by filing civil application so also by affidavit has recorded no objection for payment of said amount of compensation to Claimant No. 1 Rewati. In view of above, Civil Application stands allowed. The amount which fell to the share of Rukmini be paid to Claimant No. 1 Rewati along with interest accrued thereon. Civil Application No. 10669/2025 also stands disposed of.

( R. M. JOSHI) Judge dyb