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Bombay High CourtCA/5059/2024admittedallowedgrantedrule absolute

Smt. Shobha Ravi Bankar And ORS v. Royal Sundarm Alliance Insurance Co. Ltd, Chennai And ANR

2024-10-18Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:25533 923-CA-5059-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5059 OF 2024 IN FA/963/2019 Smt. Shobha Ravi Bankar And Others

VERSUS

Royal Sundarm Alliance Insurance Co. Ltd, Chennai And Another ......

Mr. P.H. Sukale, Advocate h/f Mr. N.B. Narwade, Advocate for Applicants Mr. A.S. Deshpande, Advocate for Respondent No.2 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18th OCTOBER, 2024 ORDER :

1.

This application is filed by the claimants for withdrawal of compensation amount along with accrued interest deposited by insurer.

2.

Learned advocate for insurer has strenuously opposed the application, stating that he has filed the first appeal challenging the judgment and award on the ground that valid policy is not filed by the claimant. 3.

The accident has taken place in the year 2011 and so far applicants/claimants have withdrawn 25% compensation amount deposited by the insurer.

S.P. Rane

923-CA-5059-24 4.

Considering the fact that accident has taken place in the year 2011 and only 25% amount of compensation is permitted to withdraw, applicants/claimants are permitted to withdraw further 25% amount along with proportionate accrued interest on furnishing usual undertaking. Balance 50% amount of compensation along with accrued interest thereon be invested in any nationalized Bank to be renewed from time to time till disposal of first appeal.

5.

Civil Application is disposed of.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane