Maheboob Bee Shaikh Ismail And Another v. New India Assurance Co Ltd. And Another

932ca13551-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 13551 OF 2015 IN FA/4279/2008 MAHEBOOB BEE SHAIKH ISMAIL AND ANOTHER

VERSUS

NEW INDIA ASSURANCE CO LTD. AND ANOTHER ...

Advocate for Applicants : Mr. M. G. Deokate Advocate for Respondent No.1 :Mr.Dhananjay Deshpande

CORAM

: A. M. BADAR, J.

DATE :

18th November, 2015 PER COURT :

1. This is an application for withdrawal of remaining 50% amount of compensation deposited by the insurance company. This Court, vide order dated 23.03.2010, had granted stay to the impugned award and subsequently, after hearing the parties, vide order on Civil Application No.5364/2010, allowed the original claimants to withdraw 50% amount under the award.

2.

Reasons stated for withdrawal of remaining 50% is marriage of applicant no.2, who was original claimant. The marriage is already over. In death claim, the amount awarded towards loss of dependency cannot be allowed to be spent for expenses of marriage. Hence civil application is rejected.

( A. M. BADAR, J. ) JPC 1/1