Sunita Kisan Karale And Others vs Oriental Insurance Company Ltd., ...
2021 Latest Caselaw 7894 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                     940 CIVIL APPLICATION NO.4707 OF 2021
                                  IN FA/17/2021


                         SUNITA KISAN KARALE AND OTHERS
                                        VERSUS
             ORIENTAL INSURANCE COMPANY LTD., AND OTHERS
                                           ...
                         Mr. R.S. Jasar, Advocate for applicants
                 Mr. U.S. Malte, Advocate for the respondent No.1
                                           ...

                                    CORAM :        SMT. VIBHA KANKANWADI, J.

                                    DATE :         15th JUNE, 2021.


PER COURT :



1              Present application has been filed for withdrawal of the amount.

Amount of Rs.25,44,371/- has been deposited in this Court by appellant-

Oriental Insurance Company Limited on 23.02.2021.

2              Heard learned Advocates of both sides.


3              Learned Advocate for respondent No.1 has strong objection on

the ground that the defence was two folds, one is breach of condition and

another is contributory negligence. As regards breach of condition is

concerned, it would be at the most and pay and recover, for which the

2 CA_4707_2021

claimants will not be in picture and as regards contributory negligence is

concerned, there appears to be no positive evidence that has been led by the

insurance company. Therefore, there is no hurdle in allowing partial

withdrawal.

4 Applicant No.1 is allowed to withdraw amount of

Rs.10,00,000/-. Applicant Nos.3 and 4, in view of the fact that the Tribunal

itself had granted amount of Rs.1,00,000/-, each of them, that is, towards

their share out of the entire compensation amount, they are allowed to

withdraw that much amount. It is clarified that from rest of the amount as

per the Judgment, the applicant/original petitioner Nos.3 and 4 are not

entitled to get more than the amount which is now allowed to be withdrawn

by them.

5 Applicants shall file an undertaking within a period of eight

weeks that they would make the said amount good, if directed, at the time of

final disposal of the appeal.

6 Application stands disposed of accordingly.

( Smt. Vibha Kankanwadi, J. )

agd