United India Insurance Co. Ltd., The Divisional Manager, Washim Thr. Regional Manager, Nagpur v. Pralhad S/O Tukaram Wasapalkar And Others

906-fa-1866-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 2664 of 2021 in First Appeal No. 1866 of 2019 United India Insurance Company Ltd., Washim

Versus

Pralhad S/o Tukaram Wasapalkar and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri B.P. Bhatt, Advocate for the appellant.

Shri Ashish D. Girdekar, Advocate for the respondent nos.1 to 4.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

By this application, the applicants have sought withdrawal of the amount deposited by the appellant. Learned counsel for the appellant has objected the withdrawal of amount on the ground that the deceased was not covered by the policy. It is seen that while considering the issue no.4, the learned Tribunal has held that the insurance policy at Exh.28 covers the risk of six plus one passenger and hence rejected the contention of the appellant that the policy was not comprehensive policy.

SKNair

906-fa-1866-19.odt 2.

In the light of the above, the respondent nos. 1 to 4 who are the legal representatives of deceased are permitted to withdraw 50% of the compensation amount deposited by the appellant subject to filing an undertaking that the respondent nos. 1 to 4 shall refund the amount alongwith accrued interest in the event the appellant succeeds in the appeal.

3.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.12 15:36:40 +0530 SACHINDANAND K NAIR SKNair