Dagadu Gangaram Lokhande And Anr vs United India Assurance Co. Ltd. ...
2022 Latest Caselaw 8047 Bom

                                      {1}                   944-CA-10664-2020


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

             CIVIL APPLICATION NO. 10664 OF 2022
              IN FIRST APPEAL NO. 2630 OF 2016

     DAGADU GANGARAM LOKHANDE AND ANOTHER
                      VERSUS
 UNITED INDIA ASSURANCE COMPANY LTD THR ITS DEPUTY
         MANAGER AURANGABAD AND ANOTHER

                                  ...
             Advocate for Applicants : Mr. V.B. Dhage h/f.
                                       Mr. A.M. Gaikwad
             Advocate for Respondent No.1 : Mr. S.S. Rathi
            Advocate for Respondent No.2 : Mr. R.G. Hange
                                 ....

                                     CORAM : S.G. DIGE, J.
                                     DATE : 19th August, 2022

 ORDER :

. Heard learned Counsel for applicants and learned

Counsel for respondent Nos.1 and 2.

2. Learned Counsel for applicants submit that,

applicants are the parents of deceased Meena Dagdu

Lokhande. They are old aged persons. They needs

amount for their medical expenses hence, requested to

allow the application.

Pooja K.

{2} 944-CA-10664-2020

3. Learned Counsel for respondent No.1 submits that,

this Court has already permitted applicants to withdraw

50% amount. Respondent No.1 has challenged the

judgment and award passed by the Tribunal on various

grounds. One of the ground is that, death of the deceased

was not caused due to the said accident. If applicants are

permitted to withdraw the amount and respondent No.1 is

succeeds in appeal then it would be difcult for

respondent No.1 to recover the amount from applicants.

Hence, requested to dismiss the application.

4. I have heard both the learned Counsel.

5. Applicants are parents of deceased. They are old

aged persons and requires money for their medical

expenses. If solvent surety or security is taken from

applicants it would meet ends of justice. Hence, I pass the

following order .

ORDER

(a) Application is allowed.

(b) Applicants are permitted to withdraw Pooja K.

{3} 944-CA-10664-2020

50% amount out of 50% remaining amount

along-with accrued interest thereon on

furnishing solvent surety or security.

(c) The Civil Application is allowed.

[S.G. DIGE, J.]

Pooja K.