M/S. Royal Sundaram Alliance Ins. ... vs Chamala Shiva Shankara Reddy
2021 Latest Caselaw 4237 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: M.A.C.M.A.No.450 of 2020

                           PROCEEDING SHEET

Sl.
                                        ORDER

No DATE

5. 23.10.2021 JB, J & RNT, J

(Proceedings taken up through video conferencing)

I.A.No.1 of 2021

Learned counsel for the applicants/respondents prays for withdrawal of the amount deposited by the Insurance Company.

Learned Standing Counsel for the Insurance Company submits that the vehicle was used for commercial purpose in violation of the terms of the Insurance Policy.

We have considered the materials on record including the impugned judgment.

Nothing appears from record to show that the vehicle had been let out on hire on the fateful day.

In view of the aforesaid facts, respondent No.1 is permitted to withdraw the amount deposited by the Insurance Company in terms of the order, dated 25.11.2020, upon furnishing the requisite undertaking before the Court below and subject to the result of the appeal.

The share of respondent Nos.2 and 3, who are minors, shall be kept in Fixed Deposit in a nationalized bank till they attain majority and they may be permitted to withdraw their proportionate shares of compensation in terms of the decree after they attain majority in accordance with law, however, without prejudice to the rights and contentions of both the parties in the appeal.

Accordingly, this application is disposed of.

M.A.C.M.A.No.450 of 2020

Let the matter be placed for final hearing on 17.12.2021.

____________________ Joymalya Bagchi, J

_____________________ Ravi Nath Tilhari, J

Note:-

Furnish C.C. on 25.10.2021.

B/O AMD