Sudha Uttamrao Bhawre And ORS v. M/S New India Assurance Co Ltd, Br Office Adilabad(Ap) And ORS

917- C. A. No. 13338-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.13338 OF 2021 IN FA/1589/2004 SUDHA UTTAMRAO BHAWRE AND ORS

VERSUS

M/S NEW INDIA ASSURANCE CO LTD, BR OFFICE ADILABAD(AP) AND ORS ...

Advocate for Applicants : Mr. Ansari Asfa NNzhat Advocate for respondent No.1 and 2 : Mr. V. N. Upadhye ...

CORAM : S. G. DIGE, J.

DATE : 03.08.2022 PER COURT :- Heard learned coNnsel for the applicant and learned coNnsel for respondent Nos.1 and 2.

2.

Learned coNnsel for the applicants sNbmits that appeal was preferred against the JNdgment and award passed by M.A.C.T, Nanded by respondent Nos.1 and 2. The said appeal is dismissed by this CoNrt. Respondent Nos.1 and 2 have deposited the entire award amoNnt before the tribNnal at Nanded. After disposal of the appeal, respondent Nos.3 and 4 ( original claimant Nos. 5 and 6) died. The present applicants are the legal heirs and representatives of deceased respondent Nos.3 and 4. Hence, they may be permitted to withdraw the amoNnt which comes in the share of respondent Nos.3 and 4

917- C. A. No. 13338-2021.odt ( original claimant No.5 and 6).

3.

I have heard both the learned coNnsel. PerNsed death certifcates prodNced on record of Gopalrao Fakirrao Bhawre and Radhabai Gopalrao Bhaware.

4.

It is contention of the learned coNnsel for the applicants that applicants are the only legal heirs and legal representatives of the deceased. Hence, I pass the following order

ORDER

(i) Application is allowed in terms of prayer claNse 'B'. (ii) Leave to correct.

( S.G. DIGE,) JUDGE ysk