Prakash Balasaheb Kale And ANR v. Manager Royal Sundaram Gen Insurance Co Ltd And ANR

961-CA.6853-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 6853 OF 2025 IN FA/1649/2025 PRAKASH BALASAHEB KALE AND ANR

VERSUS

MANAGER ROYAL SUNDARAM GEN INSURANCE CO LTD AND ANR ...

Advocate for Applicants : Mr. Tarde Sambhaji Bhaskar. Advocate for Respondent No.1 : Mr. M. R. Deshmukh. Advocate for Respondent No.2 : Ms. Tejaswini S. Raut h/f Mr. Sudarshan J. Salunke.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.08.2025 PER COURT :- 1.

Heard both sides.

2.

Applicants are praying for withdrawal of amount of Rs.21,05,080/- deposited by the respondent/insurance company.

3.

Application is opposed by the respondent/insurance company on the basis of pronouncement of the Supreme Court in the matter of the New India Assurance Co. Ltd. Vs. Anand Pal and others. It is contended that applicants are elder married brothers and they cannot be said to be the dependents. It is further contended by the respondent that there is no

961-CA.6853-25.odt material on record to indicate that they were dependents and entitled to have compensation. My attention is adverted to cross-examination of one of the claimants.

4.

Learned counsel for the applicants seeks time. 5.

Stand over to 29.08.2025.

(SHAILESH P. BRAHME, J.) ...

vmk/-