Suneeta Shivjanam Varma And ORS v. Icici Lombard General Insurance Company Ltd And ORS

2025:BHC-AUG:23691 1 975 ca 8736.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8736 OF 2025 IN FIRST APPEAL NO. 787 OF 2025 Suneeta Shivjanam Varma and others .. Applicants

Versus

ICICI Lombard General Insurance Company Ltd and others .. Respondents Shri Pramod C. Mayure, Advocate for the Applicants. Shri Swapnil S. Patil, Advocate h/f Shri Rohit H. Dahat, Advocate for the Respondent No. 1.

Shri M. M. Parghane, Advocate for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 03RD SEPTEMBER, 2025.

FINAL ORDER :

.

Applicants are seeking withdrawal of amount of Rs. 25,38,045/- besides statutory deposit of Rs. 25,000/- deposited by the respondent No. 1 - Insurance company.

2.

Both the learned counsel are ad-idem that arising out of same accident and in First Appeal No. 785 of 2025, this Court permitted claimants to receive 70% of the amount deposited on furnishing undertaking vide order dated 26.08.2025. 3.

I propose to follow the same course. It reveals from record that present applicant Nos. 1 and 2 are major and entitled to

2 975 ca 8736.25 receive the amount. However, applicant Nos. 3 and 4 are minors and their amount cannot be disbursed till they attain age of majority.

4.

The civil application is partly allowed permitting applicant Nos. 1 and 2 to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Tribunal to the extent of their share only. Balance amount shall be invested in any nationalized bank. Needless to mention that undertaking shall be furnished before the Tribunal at Nandurbar.

5.

Applicant Nos. 3 and 4 shall be entitled to receive 70% of the amount deposited with accrued interest to the extent of their share on attending age of majority on condition of furnishing undertaking to the satisfaction of the Tribunal. 6.

Amount deposited in this Court shall be transferred to the M. A. C. T. Nandurbar and from there it shall be disbursed to the eligible applicants. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Sept. 25