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Bombay High CourtCA/10212/2024admittedallowedgrantedrule absolute

Daivshala Dileeprao Ghadge And ORS v. The Regional Manager The New India Insurance Company Ltd And ORS

2024-09-20Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 922CA10212.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 10212 OF 2024 IN FAST/14144/2024 Daivshala Dileeprao Ghadge & Ors.

VERSUS

The Regional Manager The New India Insurance Company Ltd & Ors. ...

Mr. Shrimant Mundhe - Advocate for Applicants Mr. R. R. Imale - Advocate for Respondent No. 1 through V.C. ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 20TH SEPTEMBER, 2024 PER COURT : - 1.

This is the Application by the Claimants for withdrawal of the entire amount deposited by the Insurance Company. 2.

Learned advocate for the Applicants submits that this Application be allowed since the dependents have no source of income and the sole bread earner of the family of the claimants has died. 3.

Learned advocate Mr. R. R. Imale, who appears on behalf of Respondent No. 1 through video conferencing, opposes the application. 4.

The Appeal is against the Judgment by the Motor Accident Claims Tribunal, Beed, awarding compensation on account of death of Applicant No. 1's husband and Applicant Nos. 2 and 3's father.

2 922CA10212.2024.odt 5.

We permit the Applicants/Claimants to withdraw 70% of the amount deposited by the Insurance Company with interest accrued thereon on furnishing usual undertaking. Share of each of the Applicants/Claimants will be as apportioned by the Tribunal. 6.

Civil Application is accordingly disposed off. [NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 21/09/2024 11:10:09