Trupti Praveen Rathod And ORS. v. Iffco Tokio General Insurance Company Ltd Though Branch Manager, Kolhapur

P.H. Jayani 17(a) IA1384.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1384 OF 2022 IN FIRST APPEAL (ST.) NO. 3925 OF 2022 Trupti Praveen Rathod and ors.

.... Applicants In the matter between :- Branch Manager, Iffco Tokio General Insurance Co. Ltd.

.... Appellant v/s.

Trupti Praveen Rathod and ors.

.... Respondents Mr. Rahul Mehta i/b. KMC Legal Venture for the Appellant. Mr. Jayant J. Bardeskar for Respondent Nos.1 to 4. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 09th MARCH, 2022.

P. C. :- .

Applicant Nos.2 and 3 are minors and they were represented by Applicant No.1, their mother as a natural guardian. Appellant to amend the cause title accordingly within a period of one week. 2.

By the present Application, the Applicants have sought withdrawal of the compensation which was ordered to be deposited by the Appellant - Insurance Company.

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P.H. Jayani 17(a) IA1384.2022.doc 3.

Learned counsel for the Appellant - Insurance Company states that the amount is not yet deposited and that as per the order dated 24/02/2022, the Appellant - Insurance Company has time till 20/04/2022 to deposit the said amount.

4.

Having considered the reasons stated in the impugned judgment and the grounds raised in the Appeal memo, the Applicant No.1 - Trupti Praveen Rathod, the widow of the deceased is entitled to withdraw Rs.20,00,000/- (Rupees Twenty Lakhs) with proportionate interest accrued thereon. The Applicant No.4 - Sou. Bebibai Bhupalchand @ Bhopalchandra Rathod, the mother of the deceased is entitled to withdraw Rs.10,00,000/- (Rupees Ten Lakhs) with proportionate interest accrued thereon. The said amount be paid to the Applicant Nos.1 and 4 after the amount is deposited by the Appellant - Insurance Company. The balance amount be invested in fixed deposit in any nationalized bank until further orders. 5.

Interim Application stands disposed of.

Digitally signed by PREETI H JAYANI Date:

2022.03.11 19:21:34 +0530 PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) 2/2