Shalan Nanadhau Dhas v. Icici Lombard General Insurance Co Ltd Through Its Manager Authorised Signatore

2024:BHC-AUG:9287 16-CA-3360-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3360 OF 2024 IN FA/942/2023 SHALAN NANADHAU DHAS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO LTD THROUGH ITS MANAGER AUTHORISED SIGNATORE ...

Advocate for Applicant : Mr. Swapnil S. Dargad (through V.C.) Advocate for Respondent No.1 : Mr. V. N. Upadhye ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant. None present for respondent No.1. However, the grounds raised in the appeal memo have been considered.

2.

In view of the issue involved in the case, the following order is passed;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw 80% of the amount deposited with this Court with proportionate interest, on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed. iii) The balance amount be invested in the fixed deposit in any Nationalized bank as per rules.

16-CA-3360-24.odt iv) The share of applicants No.2 to 4/minors under the guardianship of applicant No.1/natural mother be invested in fixed deposit receipt in any nationalized bank of her choice with further right to receive accrued interest on quarterly rests.

v) Applicant No.1 should furnish undertaking for and on behalf of applicants No.2 to 4/minors.

vi) The amount be apportioned equally.

( S. G. MEHARE ) JUDGE rrd