Mirabai Parmeshwar Maharnawar And ORS v. The Branch Manager United Indis Insurancr And ANR
929-CA-9834-2023
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 9834 OF 2023 IN FIRST APPEAL NO. 12 OF 2023 WITH CA/192/2023 IN FA/12/2023 MIRABAI PARMESHWAR MAHARNAWAR AND OTHERS
VERSUS
THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD AND ANOTHER ...
Mr. S.S. Chapalgaonkar - Advocate for Applicants Mr. S.S. Rathi - Advocate for Respondent No.1 ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 10th August, 2023 PER COURT :
CIVIL APPLICATION NO. 9834 OF 2023 1.
Heard rival submissions.
2.
The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Insurance Company alongwith the interest accrued thereon. 3.
The learned Counsel for the Insurance Company opposed the application on the ground that, there were doubtful circumstances as regards the involvement of offending vehicle such as belated F.I.R. by the so called eyewitness of the accident. However, it appears that the owner Pooja K.
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929-CA-9834-2023 and driver of the offending vehicle have not denied the involvement of the same in the accident.
4.
However, considering the submissions advanced by the learned Counsel for the Insurance Company the applicants at this stage are permitted to withdraw 50% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date as per the apportionment done by the learned Tribunal on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.
The remaining amount be kept in F.D.R. in any nationalized Bank on yearly renewal basis till final disposal of this appeal.
6.
The civil application is accordingly disposed of. CIVIL APPLICATION NO. 192 OF 2023 7.
Since the applicant - Insurance Company has deposited the entire amount of compensation alongwith the interest, the application is made absolute in terms of prayer clause - B and disposed of.
[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.
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