Kalabai Dnyandeo Bhagwat And ORS v. United India Insurance Co. Ltd., Thr Its Deputy Manager, T.P. Hub, Aurangabad And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 37 CIVIL APPLICATION NO.3670 OF 2022 IN FA/159/2021 KALABAI DNYANDEO BHAGWAT AND OTHERS

VERSUS

UNITED INDIA INSURANCE CO. LTD., THR ITS DEPUTY MANAGER, T.P. HUB, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr.

Y.K. Shaikh and Mr. Sartaj H. Pathan Advocate for Respondent No.1 : Mr. S. R. Bodade ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22.08.2022 PER COURT :

.

Heard rival submissions.

2.

The applicants are claiming withdrawal of entire amount of Rs. 10,68,044/- or the maximum possible amount from the same. The learned counsel for the respondent - Insurance Company strongly opposed the application on the grounds that there was fundamental breach of policy condition and false involvement of the vehicle. However, I am of the opinion that 50 % of the deposited amount can be allowed to be withdrawn in the name of applicant No.1 - Kalabai i.e. widow of deceased, at this juncture. As such, applicant No. 1 is allowed to withdraw 50 % of the deposited amount along with

accrued interest thereon till date on usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court. The balance amount of 50 % be invested in F.D.R. in any Nationalized Bank till final disposal of the appeal.

3.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE ) JUDGE .....

shp/-