Snehal Kiran Thange Throughsinee Minor U/G Of Her Kiran Kachaur Thange And ORS v. National Insurance Co Ltd And ORS

2025:BHC-AUG:34191 41-ca-12213-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12213 OF 2025 IN FAST/21378/2023 Snehal Kiran Thange Throughsinee Minor U/g Of Her Kiran Kachaur Thange And Ors

VERSUS

National Insurance Co Ltd And Ors ...

Mr. P. C. Mayure, Advocate for Applicants Mr. A. B. Gatne, Advocate for Respondent no.1

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 08th DECEMBER, 2025 PER COURT :- 1.

This is an application for withdrawal of amount deposited by the respondent/Insurance Company in this Court. 2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the respondent strongly objected the application and submitted that this is a case of false implication of the alleged vehicle and driver. The delay of 15 days is caused in filing the First Information Report, which creates serious doubt about the claimants' case, particularly the involvement of the offending vehicle. He therefore prayed to reject the application. 4.

On perusal of the application and considering the copy of the report in question, it would be proper to allow this application

41-ca-12213-2025 -2partly. Hence, the following order.

ORDER

a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 25% amount out of deposited amount alongwith interest accrued thereon on furnishing usual undertaking and 25% amount alongwith interest accrued thereon on furnishing surety to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Rest of the amount be deposited in the fixed deposit in any nationalized bank.

d.

Registry is directed not to insist upon a valuation report as to the value of the property from the Government Authority and may rely upon the 7/12 extract or P.R. Card or assessment report of the village panchayat alongwith the affidavit of the surety. e.

Civil Application stands disposed of.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025