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Bombay High CourtCA/4260/2026partly allowed and partly dismissed

Gayabai Bhimrao Khose v. Icici Lombard General Insurance Co Ltd Through Its Authorized Signatory

2026-04-29Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

2026:BHC-AUG:19524 ca4260.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 4260 OF 2026 IN FAST/25198/2025 Gayabai Bhimrao Khose

VERSUS

Icici Lombard General Insurance Co Ltd Through Its Authorized Signatory ...

Advocate for Applicant : Mr. S.S. Dargad Advocate for Respondent No.1 : Mr. M R Deshmukh .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 29th APRIL, 2026 PER COURT :- 1.

This is an application seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application and submitted that the income of deceased is not properly determined. However, all these aspects can be considered at the time of final hearing of the appeal.

2.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

(SANJAY A. DESHMUKH, J.) rlj/