The Bajaj Allianz General Insurance Co. Ltd., Nagpur v. Tahemena Pravin Wd/O Arif Mirza Beg And Others

1 16-CAF-2671-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2671 OF 2025 IN FIRST APPEAL NO.134 OF 2021 (The Bajaj Allianz General Insurance Co. Ltd. vs. Tahemena Pravin wd/o Arif Mirza Beg & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. A. Ingolikar, Advocate h/f Smt Mrunal Naik, Advocate for appellant. Shri Kunal. B. Mirache, Advocate for respondent No.1/applicant. CORAM : ABHAY J. MANTRI, J.

DATED : 28-07-2025 The applicant-respondent No. 1, being the mother of respondent No. 2, Zoya, has filed this application for permission to withdraw the share of respondent No. 2, Zoya, which was invested in a fixed deposit at a Nationalised bank until she attains the age of majority. However, on 06/05/2024, the respondent, No. 2, Zoya, passed away, and therefore, the applicant, being her mother and legal heir, has filed this application.

2.

The appeal is already disposed of as withdrawn, and therefore, the learned Advocate for the appellant-Insurance Company has no objection to permit the applicant to withdraw the said amount.

3.

Having considered the aforesaid factual position and the reasons disclosed in the application and on perusing the copy of the death certificate of Zoya, I am of the opinion that the applicant, being the mother of Zoya, is entitled to receive the said amount.

4.

Hence, the application is allowed as prayed. The applicant is permitted to withdraw the amount of compensation

2 16-CAF-2671-25.odt to the share of respondent No.2, Zoya.

5.

The Registrar (Judicial) is directed to transfer the amount invested in the fixed deposit to the bank account of the applicant within five weeks on her furnishing bank account details to the registry.

(ABHAY J. MANTRI, J.) Asmita