Maroti Nagorao Somware v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory And ANR

1 966-CA-6689-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO.6689 OF 2020 IN FA/343/2013 MAROTI NAGORAO SOMWARE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY AND ANR ...

Advocate for Applicant : Mrs G.N. Chincholkar Advocate for Respondent No. 1 : Mr Ajit Kadethankar CORAM : S.G. CHAPALGAONKAR, J.

DATE : 24-02-2023 PER COURT :

1.

The applicant is seeking withdrawal of amount deposited by the respondent/Insurance Company in pursuance of the Award passed by the Tribunal in M.A.C.P. No. 50/2007 at Nanded.

2.

Perused the grounds of appeal. The dispute is regarding entitlement of the compensation to the claimants. The dispute appears to be between the Insurance Company and the owner of the vehicle. In that view of the matter, the application deserves to be allowed.

3.

The applicant is permitted to withdraw the amount deposited by the respondent/Insurance Company subject to undertaking that in case, this Court order to re-deposit the amount, the applicant shall do so within a period of six weeks.

4.

The civil application is allowed accordingly and disposed of. [ S.G. CHAPALGAONKAR, J. ] mta