United India Insurance Company Ltd Through Its Branch Manager v. Sow Sulbha Dadasaheb Watmode And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 8749 OF 2024 IN FAST/7991/2024 AND CIVIL APPLICATION NO. 3611 OF 2024 IN FAST/7991/2024 AND CIVIL APPLICATION NO. 3612 OF 2024 IN FAST/7991/2024 SULBHA DADASABEB WATMODE AND ANR ....Applicants

VERSUS

UNITED INDIA INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND ANR .....Respondents Mr. S. S. Dargad, Advocate for the applicants Mr. S. S. Rathi, Advocate for the respondent No.1 CORAM : KISHORE C. SANT, J.

DATE : 28th NOVEMBER, 2024 P. C.

Heard.

2.

Mr. Rathi, learned advocate for the insurance company vehemently opposed the application. He submits that

(2) main ground raised in the appeal is of involvement of the vehicle. He forcefully submits that accident took place on 26-022015. When the FIR was lodged no number of vehicle was given. After two days two coworkers of the deceased gave number of the vehicle and on that basis the vehicle is shown to have been involved. The insurance company also examined RTO in the court. There were no sign that it met with an accident. The report is also brought on record.

3.

However, considering that the claim is death claim and the amount of compensation is only Rs.8,47,000/-, following order is passed:

ORDER

a] The application stands allowed.

b] The applicants are permitted to withdraw 50% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking. Remaining 25% of the amount is

(3) allowed to be withdrawn alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount be kept in a fixed deposit in any nationalized bank till pending the appeal. c] The application stands disposed off.

DELAY Heard.

2.

For the reasons stated in the application, the delay stands condoned. The application stands allowed. 3.

Office to register the appeal.

APPEAL Issue notice to the respondents, returnable on 30-012025. Mr. Dargad, learned advocate waives service of notice for

(4) the respondent Nos. 1 and 2.

STAY Since the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and award till further orders.

[KISHORE C. SANT, J.] VishalK/4ca8749.24