Icici Lombard General Insurance Co Ltd v. Gopal Suklal Kumbhar And ORS

2025:BHC-AUG:5251

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 10676 OF 2024 IN FAST/38871/2023 GOPAL SUKLAL KUMBHAR AND ANR

VERSUS

DAYARAM MAHARU BARELA AND ORS Mr. R. R. Kazi, Advocate for the applicants Mr. S. S. Patil h/f Mr. R. H. Dahat, Advocate for respondent No.3. WITH CIVIL APPLICATION NO. 2034 OF 2024 IN FAST/38871/2023 ICICI LOMBARD GENERAL INSURANCE CO LTD

VERSUS

GOPAL SUKLAL KUMBHAR AND ORS Mr. S. S. Patil h/f Mr. R. H. Dahat, Advocate for respondent No.3. WITH CIVIL APPLICATION NO. 2035 OF 2024 IN FAST/38871/2023 ICICI LOMBARD GENERAL INSURANCE CO LTD

VERSUS

GOPAL SUKLAL KUMBHAR AND ORS Mr. S. S. Patil h/f Mr. R. H. Dahat, Advocate for respondent No.3.

CORAM

: R. M. JOSHI, J.

DATE : 21st FEBRUARY, 2025 PER COURT :- ORDER BELOW CIVIL APPLICATION NO. 10676 OF 2024 1.

This application is filed by the original claimants for withdrawal of amount deposited by the appellant-Insurer. 960.ca10676.24.odt

2.

It is the contention of the learned counsel for the applicants/original claimants that they are entitled to withdraw entire amount since this is case of death of a child. 3.

Learned counsel for the insurer opposed the said contention by pointing out that the appellant has fairly goods case to succeed on the merit in this appeal since amount of compensation of Rs.10 lakhs granted on account of death of child is excessive. 4.

In the facts of the case and having regard to the various judgment in which the amount of compensation in case of child death is determined, it is a fit case to allow withdrawal of Rs.5 lakhs along with accrued interested subject to usual undertaking. 5..

Hence, application stands allowed in above terms. ORDER BELOW CIVIL APPLICATION NO. 2035 OF 2024 6.

Admittedly, the awarded amount under MACP No. 105/2016 is already deposited in this Court.

7.

Hence, application stands allowed in terms of prayer clause 'B'.

(R. M. JOSHI, J.) ssp 960.ca10676.24.odt