Smt. Indumati Shivaji Patil And ANR. v. The Divisional Manager, The New India Assurance Co. Ltd. And ORS.

Sherla V.

caf.2380.2014_12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2380 OF 2014 IN FIRST APPEAL NO.807 OF 2014 Smt.Indumati Shivaji Patil & Ors.

...

Applicant

IN THE MATTER BETWEEN

The New India Assurance Co. Ltd.

... Appellant Vs.

Smt.Indumati Shivaji Patil & Ors.

... Respondents Mrs.Gauri Jadhav i/b Mr.T.K. Jadhav for Applicants Mr.S.M. Dange for the Insurance Company CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 9th OCTOBER, 2015 P.C.:

1.

This is an application for withdrawl of the amount deposited by the insurance company. The learned Counsel for the applicants/claimants submits that the applicants have not received any amount till today. Both the widow and the son were dependent on the deceased when the incident has taken place.

2.

The learned Counsel for the insurance company has opposed the application on the ground that the insurance company has good grounds on merit. The award is of Rs.19,84,000/­ out of which an amount of Rs.5 1 / 2

caf.2380.2014_12.doc lacs is invested in the name of each applicant for a period of five years. Thus, an amount of Rs.10 lacs is invested in 2012 pursuant to the order dated 27.9.2012.

3.

In view of the above, the applicants are allowed to withdraw the amount of Rs.9,84,000/­.

4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2