Rama Malka Sonawane (Died) Thr. Lrs. Vidyadhar R. Sonawane And ANR v. The National Insurance Co. Ltd Thr Its Authorized Signatory, Aurangabad And ANR

2024:BHC-AUG:25911 928-CA-11297-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11297 OF 2024 IN FAST/7348/2017 Rama Malka Sonawane (Died) Through L.Rs.

Vidyadhar R. Sonawane And Another

VERSUS

The National Insurance Co. Ltd Through Its Authorized Signatory, Aurangabad And Another ......

Mr. S.R. Mantri, Advocate h/f Mr. S.S. Gangakhedkar, Advocate for Applicants Mr. A.B. Kadethankar, Advocate for Respondent No.1 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18th OCTOBER, 2024 ORDER :

1.

This application is filed by the claimants for withdrawal of remaining 50% amount of compensation deposited by the first respondent/insurer on the ground that applicant No.2 is suffering from third stage of cancer. 2.

Learned advocate for insurer strenuously opposed the application stating that exorbitant compensation is awarded by the Tribunal to which claimants are not entitled. 3.

For the reasons stated in the application, the same is allowed.

S.P. Rane

928-CA-11297-24 4.

Applicants are permitted to withdraw remaining 50% compensation amount along with accrued interest thereon, on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court.

5.

It is made clear that since applicant No.1-A is major, he will not be entitled for the compensation amount to be withdrawn.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane