Ashok Kondiba Hanwate Died Thr Lrs Shrikant U/G Of Hanvantrao Kamaji Jataale And ANR v. The New India Assurance Co Ltd Thr Its Branch Manager And ANR

2025:BHC-AUG:34260 ca417.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 417 OF 2025 IN FA/177/2025 Ashok Kondiba Hanwate Died Thr Lrs Shrikant U/g of Hanvantrao Kamaji Jataale And Anr

VERSUS

The New India Assurance Co Ltd Thr Its Branch Manager And Anr ...

Advocate for Applicant : Mr. Pawankumarr S. Agrawal Advocate for Respondent No.1 : Mr. Mohit R. Deshmukh Advocate for Respondent No.2 : Mr. Vivekanand M. Maney .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 9th DECEMBER 2025 PER COURT :- 1.

This is an application seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application and submitted that it was only the act policy and therefore, the insurance company is not liable to pay the compensation.

2.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

(SANJAY A. DESHMUKH, J.) rlj/