Jamnabai Morilal Dalvi And Others v. United India Insurance Company Ltd Through Its Branch Manager And ORS
2024:BHC-AUG:25957 70 ca.9511.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
70 CIVIL APPLICATION NO. 9511 OF 2024 IN FA/2120/2024 JAMNABAI MORILAL DALVI AND OTHERS
VERSUS
UNITED INDIA INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND ORS ...
Advocate for Applicant : Mr. Vinayak. D. Patnurkar. Advocate for Respondent No.1 : Mr. Swapnil S. Rathi. ...
CORAM :
KISHORE C. SANT, J.
DATE :
17th October, 2024.
P.C.:
.
Heard the learned counsel for the parties.
This application is for withdrawal of amount filed by the original claimants. The appellant has already deposited the amount in the office of this Court. The learned counsel for appellant/insurance company objected the application stating that serious ground of noninvolvement of the vehicle is raised in the appeal. He submits that there are good chances of success in the appeal. He thus, prays for rejection of the application.
The learned counsel for applicants points out from the judgment that the Court has accepted the involvement of the vehicle on going through the evidence. Applicant Nos.2 to 4 are minors. Considering
70 ca.9511.24.odt that the family requires amounts for survival and that they have lost the earning member of the family, the following order is passed:-
O R D E R
I.
The applicant Nos.1 and 5 are permitted to withdraw 50% of the amount of their share, alongwith accrued interest, deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest, to the extent of their share, is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.
II.
So far as the amount of applicant Nos.2 to 4 is concerned, the same be kept in fixed deposit in any nationalized bank. However, the interest accrued on the said amount be credited to the account of applicant No.1 every quarter.
III.
Applicant Nos.2 to 4 are at liberty to file application for withdrawal of amount after they attained the majority. IV.
With this, the civil application for withdrawal of amount stands disposed of.
[ KISHORE C. SANT, J. ] nga