Varsha Jitendra Patil And Ors vs Cholamandalam General Insurance ...
2021 Latest Caselaw 5959 Bom

                                        1                             902-CA-4185-21.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                 902 CIVIL APPLICATION NO. 4185 OF 2021
                                    IN
                      FIRST APPEAL NO.1609 OF 2020

               VARSHA JITENDRA PATIL AND ORS
                          VERSUS
       CHOLAMANDALAM GENERAL INSURANCE CO. LTD., THR BR
         MNGR,OBEROY TOWER,JALGAON RD, AURANGABAD

                                   ...
             Advocate for Applicants : Mr. M.M.Bhokarikar
         Advocate for Respondent No. 1 : Mr.S.G.Chapalgaonkar
                                  ....

                                            CORAM :        ANIL S. KILOR, J.

                                            DATE     :     1st APRIL, 2021
PER COURT :-

This application is filed by the applicants-original claimants for

withdrawal of amount deposited by the respondent-Insurance

Company in compliance of the Judgment and Award dated

26-11-2019, passed by the learned Member, Motor Accident Claims

Tribunal, Jalgaon in Motor Accident Claims Petition No. 368 of 2013.

2. Heard learned counsel for the respective parties.

3. Learned counsel appearing for the applicants-claimants

submits that the applicants are in need of money, and therefore,

they may be permitted to withdraw the amount.

4. On the other hand, Mr. Chapalgaonkar, learned counsel

appearing for the respondent-Insurance Company submits that he

2 902-CA-4185-21.odt

has also challenged the quantum in this matter. Therefore, it would

be difficult for the Insurance Company to recover the amount, if the

applicants-claimants are permitted to withdraw the same.

5. To balance the rights of the parties, I am of the opinion that if

the applicants are permitted to withdraw 50% of the amount

deposited by Insurance Company, justice would be sub-served in

this matter.

6. Accordingly, the applicants-claimants are permitted to

withdraw 50% of the amount deposited by the respondent-

Insurance company on furnishing undertaking to the effect that, in

case, Insurance Company succeeds in the present matter and this

Court directs the applicants-claimants to repay the amount back,

they will deposit the amount so withdrawn within stipulated period.

6. Accordingly, application is partly allowed in above terms.

7. With this direction, the civil application is disposed of.

( ANIL S. KILOR ) JUDGE

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