Varsha Sanjay Mule And ORS v. New India Assurance Co. Ltd., Thr Its Branch Manager, Jalna And Another

956-CA-11618-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11618 OF 2021 IN/AND FIRST APPEAL NO. 2079 OF 2018 Varsha Sanjay Mule and Others ..APPLICANTS

VERSUS

New India Assurance Co. Ltd.

Through it's Branch Manager, Jalna and Another ..RESPONDENTS ....

Mr. B.M. Dhanure, Advocate h/f Mr. B.R. Kedar, Advocate for applicants Mr. S.S. Dargad, Advocate h/f Mr. S.G. Chapalgaonkar, Advocate for respondent no.1 ....

CORAM : R.G. AVACHAT, J.

DATED : 22nd OCTOBER, 2021 PER COURT :

1.

Appearance of Mr. P.C. Mayure, learned counsel for Respondent Nos. 1 to 6 - claimants in appeal is discharged since he has been replaced by Mr. B.R. Kedar, learned counsel.

2.

Heard.

3.

It was a death claim. Long back in March 2019 the applicants were permitted to withdraw 30% of the amount under the impugned award on furnishing solvent security. Accordingly the security was furnished. It is 1 / 2

956-CA-11618-21.odt informed that the person, who stood security, is insisting for his discharge. The applicants are said to have been unable to furnish another surety/security.

4.

True, the appellant - insurance company has very good case in appeal, the fact that it was a death claim and the applicants before this Court are widow and minor children under the age group of fifteen, cannot be sighted of. In the factual backdrop, the application is allowed in terms of prayer clause (B).

5.

List the appeal for final hearing on 24th November, 2021. ( R.G. AVACHAT, J. ) SSD 2 / 2