Bombay High Court
Ashabai Girdhar Tele And Ors vs Iffco Tokio General Insurance Co. ... on 25 August, 2022
Bench: S. G. Dige
1
13435.18CA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 CIVIL APPLICATION NO.13435 OF 2018
IN FIRST APPEAL NO.3328 OF 2018
ASHABAI GIRDHAR TELE & OTHERS
VERSUS
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
AURANGABAD & ANOTHER
...
Advocate for Applicants : Mr.V.P. Raje
Advocate for Respondent no.1 : Mr.S.G.Chapalgaonkar
...
CORAM : S.G.DIGE, J.
DATE : 25.08.2022
P.C. :
1] Heard the learned counsel for the applicants.
The learned counsel for the applicants submits that
respondent no.1 has challenged the judgment and award
passed by the Motor Accident Claims Tribunal, Dhule and
has deposited the entire award amount before this Court.
Applicant no.1 is a widow and is doing household work and
suffering from various age related ailments. Applicant no.2
is doing private service and earning meager amount. The
decease was the Karta of the family. After his death, there is
no source of income to the family of the applicants. They
are facing hardships in day to day activities, hence,
requested to allow the application.
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13435.18CA
2] It is the contention of the learned counsel for
respondent no.1 that there is false involvement of the
vehicle in the alleged accident. The accident is occurred on
28th September, 2010 and FIR was lodged on 4th October,
2010 against unknown vehicle and involvement of vehicle is
shown on 29th October, 2010. Respondent no.1 has
challenged the judgment and order on various grounds. If
the applicants are permitted to withdraw the amount and
respondent no.1 succeeds in the Appeal then it would be
difficult for respondent no.1 to recover the amount from the
applicants, hence, requested to dismiss the application.
3] I have heard both learned counsel. Applicant
no.1 is the widow of the deceased. Applicant no.2 is not
earning much more to fulfill the demands of their family.
The deceased was the Karta of applicants' family. Due to
death of the deceased, family of the applicants is facing
hardship.
4] The learned counsel for the applicants submits
that the applicants are ready to furnish solvent surety if the
applicants are permitted to withdraw the amount.
Respondent no.1 is concerned about security of the amount
and if the applicants are ready to provide solvent surety it
would meet ends of justice, hence, I pass the following
order :
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13435.18CA
ORDER
i] The application is allowed. The applicants are
permitted to withdraw 25% amount along with accrued
interest thereon out of the deposited amount on furnishing
undertaking and the applicants are permitted to withdraw
25% of the amount along with accrued interest thereon out
of the deposited amount on furnishing solvent surety.
ii] Civil Application is disposed of accordingly.
[S.G.DIGE]
JUDGE
DDC
