Varsha Mahadeo Dhavale And ORS v. United India Insurancec Co. Ltd. Thr Branch Manager, Beed And ORS

1 918-CA-11789-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11789 OF 2017 IN FIRST APPEAL NO. 4210 OF 2016 Varsha Wd/o Mahadeo Dhavale and others ...APPLICANTS versus United India Insurance Company Ltd and others ...RESPONDENTS .....

Mr. Avinash D. Aghav, Advocate for applicants-claimants Mr. S.G. Chapalgaonkar, Advocate for respondent No. 1 Mr. B.R. Jaybay, Advocate for respondent No. 2 .....

CORAM : K.K. SONAWANE, J.

DATED : 14th SEPTEMBER, 2017.

Order :- 1.

Leave to correct the name of applicant No. 4 in present application.

2.

Heard learned counsel for the applicant and respondent No. 1 Insurance Company as well as learned counsel for respondent No. 2. No one appears on behalf of respondent No. 3 3.

Perused the application. Considering the nature of submissions, I find it justifiable to allow the applicants to withdraw 50% which accrued to Rs.9,00,000/- (Rupees Nine Lakhs) in lump-sum of the amount deposited in this Court by the appellant -Insurance Company. It would not cause injustice and prejudice to the appellant-Insurance Company. In contrast, it would sub-serve the purpose for substantial

2 918-CA-11789-17 justice. The applicants being widow, son and parents of deceased are permitted to withdraw the amount in following manner. (I) Out of amount of Rs. 9,00,000/- (Rupees Nine Lakhs) deposited by the respondent No. 1 herein/appellant - Insurance company, Rs. 3,00,000/- (Rupees Three Lakhs) be kept in Fixed Deposit Receipts Account in the name of minor-Amar Mahadeo Dhavale in any Nationalized Bank till attaining his majority.

(ii) Out of rest of the amount, Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand) be disbursed in favour of applicant No. 1 Varsha Mahadeo Dhavale and rest of the amount of Rs. 1,50,000/- be disbursed in favour of applicants No. 3 and 4 i.e. parents of the deceased equally (i.e. Rs. 75,000/- each).

(iii) The appellant -Insurance Company has deposited total sum of Rs. 17,95,561/-, out of which applicants are permitted to withdraw Rs.9,00,000/-(Rupees Nine Lakhs), rest of the amount be invested in FDRs in any Nationalized Bank for a period of two years or till adjudication of the appeal, whichever is earlier.

4.

Accordingly, civil application is allowed in above terms and disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE MTK