Kavitabai Ashok Tadavi And Others v. Dhoba Atya Pawara And ORS

(1) 927 CA-15444.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.15444 OF 2022 IN FAST/20246/2014 KAVITABAI ASHOK TADAVI AND OTHERS

VERSUS

DHOBA ATYA PAWARA AND OTHERS ...

Mr. P.C. Mayure, Advocate for the applicants. Mr. Avinash Deshpande, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.12.2022.

ORDER:- 1.

Heard the rival submissions. The applicants are seeking withdrawal of compensation amount which has been deposited by respondent No.2-Insurance Company as per the order dated 1st April 2022.

2.

The learned Counsel for the applicants submits that the interest of the Insurance Company is already protected since they were given a chance to recover the amount of compensation from the owner.

3.

The learned Counsel for the Insurance Company strongly opposed the application.

4.

However, considering the fact that the accident is of the year 2007, the applicants are permitted to withdraw the entire amount of compensation alongwith the interest accrued

(2) 927 CA-15444.2022.odt thereon till date, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The amounts falling to the share of the present applicant Nos.3 and 4 who are minors, be kept in F.D.R in any Nationalized Bank till they attain majority.

(SANDIPKUMAR C. MORE, J.) vd_dhirde