Surekha Nitin Jagtap And ANR v. Reliance General Insurance Co., Ltd. Thr Its Manager, Aurangabad And ANR

1 CA - 3017-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3017 OF 2018 IN CIVIL APPLICATION NO. 15845 OF 2016 IN FA/2539/2016 SUREKHA NITIN JAGTAP AND ANR.

VERSUS

RELIANCE GENERAL INSURANCE CO., LTD. THR ITS MANAGER, AURANGABAD AND ANR.

...

Mr. Mohit Deshmukh, Advocate h/f Mr. A.S. Gandhi, Advocate for applicants Mr. V.P. Raje, Advocate h/f Mr. R.H. Dahat, Advocate for respondent no.1 ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 01-03-2018 ORDER :

1.

Heard learned counsel for the parties.

2.

After hearing, counsel for applicants resiled to a situation under which it is deemed practicable to split up figure of Rs.8,00,000/- along with accrued interest thereon, into two equal halves, to be withdrawn by two applicants separately, as due to obstacles in the way of applicant no.1, even applicant no. 2 is not getting benefit of order dated 29-11-2016. Applicant no.2, who happens to be mother of the deceased, is in dire need of the amount for her livelihood.

2 CA - 3017-2018 3.

In the circumstances, learned counsel, on instructions, submits that applicant no.2 be allowed to withdraw a sum of Rs.4,00,000/- along with accrued interest thereon from the amount of Rs. 8,00,000/-, allowed to be withdrawn under order dated 29-11-2016, on furnishing an undertaking as referred to in the said order.

4.

Having regard to the circumstances, it would be expedient that applicant no.2 be allowed to withdraw Rs.4,00,000/- alongwith accrued interest thereon, on furnishing undertaking, as referred to in order dated 29-11-2016 splitting the figure of Rs.8,00,000/-.

5.

For the rest of the amount pursuant to said order dated 29-11-2016, the same be allowed to be withdrawn by applicant no.1, on satisfaction of identification by Nazarat and the Registrar (Judicial) of this court.

6.

Civil application stands disposed of accordingly. [SUNIL P. DESHMUKH] JUDGE arp/