Balu Baliram Londhe And ORS v. The Branch Manager New India Insurance Co Ltd Through Divisional Manager, Aurangabad

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 13780 OF 2024 IN FA/2470/2024 AND CIVIL APPLICATION NO. 9643 OF 2024 IN FA/2470/2024 BALU BALIRAM LONDHE AND ORS ....Applicants

VERSUS

THE BRANCH MANAGER NEW INDIA INSURANCE CO LTD THROUGH DIVISIONAL MANAGER, AURANGABAD .....Respondent Mr. A. S. Kadam, Advocate for the applicants Mr. A. S. Usmanpurkar, Advocate for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 20th DECEMBER, 2024 P. C.

1.

Heard.

2.

This application is for withdrawal of the amount deposited by the appellant insurance company. 3.

Since the application is by the original claimants,

(2) who lost earning member of the family, this court is inclined to pass the following order:

ORDER

a] The application stands partly allowed.

b] The applicant No.3 is permitted to withdraw 50% of the amount deposited in the office of this court alogwith accrued interest on furnishing usual undertaking. Remaining amount be kept in a fixed deposit in any nationalized bank to be renewed from time to time pending the appeal.

c] The applicant No.4 is at liberty to apply for withdrawal after she attains majority.

STAY 1.

Since the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and order till disposal of the appeal.

(3) 2.

The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/911ca13780.24