Annapurna Vikas Tapghale vs Govind Bapurao Shete And Others
2016 Latest Caselaw 7207 Bom

                                                                     25_WP1040615.odt


             
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                             
                            BENCH AT AURANGABAD

                            WRIT PETITION NO. 10406 OF 2015




                                                     
    Annapurna wd/o Vikas Tapghale
    Age: 27 years, Occu.: Household,
    R/o Methi, Tq. Ahmedpur, Dist. Latur.




                                                    
    At present r/o Banwas,
    Tq. Palam, Dist. Parbhani.                              ..PETITIONER

                   VERSUS




                                               
    1. Govind Bapurao Shete         
        Age: Major, Occu. Business,
        R/o Loha, Tq. Loha, Dist. Nanded.
                                   
    2. The Reliance General Insurance Co. Ltd.
        Through its Branch Manager,
        570, Reactive Her House,
        Indo Origin, Elect. Ltd. Naisum
         

        Cross Road, Next to Royal Indus,
        Wadala (West), Mumbai.
      



    3. Laxman Rama Tapghale
        Age: 51 years, Occu.: Agri.,
        R/o Methi (Ramwadi), Tq. Ahmedpur,





        Dist. Latur.

    4. Jijabai Laxman Tapghale
        Age: 50 years, Occu.: Household,
        R/o Methi (Ramwadi), Tq. Ahmedpur,





        Dist. Latur.                                        ..RESPONDENTS

                                        ....
    Mr. M.P. Kale, Advocate for petitioner.
    Mr. S.G. Chapalgaonkar, Advocate for Respondent No.2.
                                        ....



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                                            CORAM :  T.V. NALAWADE, J.

DATED : 14th DECEMBER, 2016

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard learned Counsel

for petitioner and learned Counsel for insurance company by consent for

final disposal.

2.

The proceeding is filed to challenge the order made in

M.A.C.P. No. 2 of 2011 passed by the Member of M.A.C.T., Gangakhed.

The Tribunal of Gangakhed has directed to keep in fixed deposit amount

of Rs. 2,50,000/- awarded to present petitioner, for five years. The

petitioner is not allowed to even collect the interest of that amount.

3. Learned Counsel for petitioner submitted that the petitioner is

aged about 27 years and she wants to invest the amount at place where

she can make some money and she may start some business with this

money. In view of this submission and as the petitioner is major, this

Court holds that petitioner needs to be allowed to withdraw the entire

amount.

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25_WP1040615.odt

4. In the result, petition is allowed. Order made by the Tribunal

by which the relief was refused is hereby set aside. The application filed

by the present petitioner to give amount to her is allowed. Rule made

absolute in those terms.

( T.V. NALAWADE, J. ) SSD

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