United India Insurance Co. Ltd., Thr. Branch Manager, Yavatmal v. Subhadra Laxman Meshram And Others

1 35.fa.149.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 188 OF 2025 IN FIRST APPEAL NO.149 OF 2022 United India Insurance Company Ltd.

..vs..

Subhadra Laxman Meshram and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - Ms Alpana Ingolikar, Advocate h/f Mrs. Mrunal Naik, Advocate for the appellant.

Shri Y.S. Sodhi, Advocate for respondent nos. 1 to 4. CORAM: SANDIPKUMAR C. MORE, J.

DATE : 23/01/2025.

Heard rival submissions.

2.

The respondent nos.1 to 4, who are the Original Claimants have filed this application for withdrawal of entire amount of compensation deposited by the appellant/Insurance Company.

3.

However the learned Counsel for the Insurance Company strongly objected for withdrawal of entire amount of compensation. Instead of that she fairly submitted that 50% amount of the entire compensation can be released at this juncture, since the learned Tribunal did not consider limitation of policy involved in this matter.

4.

However, after going through the impugned judgment it would be proper to release 75% of the entire compensation to the present respondent nos.1 to 4/Claimants.

5.

In view of the same, the respondent nos.1 to 4 of

2 35.fa.149.2022 the present application are permitted to withdraw 75% of the entire deposited amount i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar(Judicial) of this Court along with the proportionate interest accrued thereon till date. 6.

The remaining amount be invested in FDR in any nationalized Bank on yearly renewal basis during the pendency of this Appeal.

7.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE , J.

) Trupti