Madhukar Chindhu Patil And ANR v. The Oriental Insurance Co.Ltd Through Its Branch Manager Dhule And ORS

66- C.A.No. 528-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 528 OF 2024 IN FAST/25221/2023 Madhukar Chindhu Patil And Anr ....Applicant

VERSUS

The Oriental Insurance Co.ltd Through Its Branch Manager Dhule And Ors .....Respondent .....

Advocate for Applicant : Mrs. Sabahat T. Kazi ....

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 PER COURT :

1.

Heard the learned counsel for the applicant. None present for the appellant when called.

2.

However, the learned counsel for the applicant fairly submitted that the appeal is for one day delay in filing FIR. She submits that it was a death claim. The award was passed after assessing the evidence. The insurer/appellant has deposited the amount of award. Prima facie the applicants are entitled to receive the compensation amount. Hence, the following order :-

66- C.A.No. 528-2023.odt

ORDER

(i) The application is partly allowed.

(ii) The applicants are allowed to withdraw 75% of the amount deposited with accrued interested thereon on the undertaking that they would deposit the amount if the award is reversed. ( S. G. MEHARE ) JUDGE ysk