Ragini Govind Khawde And ANR v. Royal Sundaram Alliance Insurance Co. Ltd, Chennai And ANR

907-ca-1952-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1952 OF 2020 IN FAST/14987/2014 RAGINI GOVIND KHAWDE AND ANOTHER

VERSUS

ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD, CHENNAI AND ANOTHER ....

Mr. Apparao Yenegure, Advocate for the Applicants Mr. A.S. Deshpande, Advocate for Respondent No.1 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 02nd MARCH, 2022 PER COURT:- 1.

It is an application for withdrawal of amount moved by the applicants / claimants 2.

Heard Mr. Yenegure, learned counsel for the applicants / claimants and Mr. Deshpande, learned counsel for respondent no.1 / insurance company.

3.

Mr. Deshpande, learned counsel for respondent no.1 has been fair enough to submit that there are four appeals arising out of the same accident and three applications for withdrawal of amount arising there from came to be allowed to the extent of 50% of the amount in the deposit.

907-ca-1952-20 4.

I do not see any reason to take any different view. By taking the same view, the application needs to be allowed as under.

O R D E R

(i) The application is allowed.

(ii) The applicants / original claimants are permitted to withdraw 50% of the amount deposited by the insurance company with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. (iii) Remaining 50% of the amount of compensation with accrued interest thereon shall be invested in fixed deposit in any nationalized Bank with the clause of renewal. (iv) The civil application is disposed of accordingly. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane