Kamalbai Bhaskar More And Ors vs Shriram General Insurance Co. ...
2022 Latest Caselaw 11148 Bom

                                   {1}               CA 10832 OF 2022


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              910 CIVIL APPLICATION NO.10832 OF 2022
                          IN FA/2386/2020

                 KAMALBAI BHASKAR MORE AND ORS
                              VERSUS
           SHRIRAM GENERAL INSURANCE CO. LTD., AND ORS
                                  ...
               Advocate for Applicants : Mr.V.D. Gunale
         Advocate for Respondent No.1 : Mr.S.G.chapalgaonkar
                                  ...
                               CORAM : S. G. DIGE, J.

                                  DATE :     20th October, 2022

 PER COURT :-



 1.         Heard learned counsel for the applicants and learned

 counsel for respondent No.1.



 2.       Learned counsel for the applicants submits that earlier this

 Court (Coram : V.L.Achliya. J.) has permitted applicant No.1 to

 withdraw the amount of Rs.2,00,000/-. Learned counsel further

 submits that applicant Nos.3 and 4 need the amount for their

 education purpose. Earlier application of applicant Nos.3 and 4

 was not considered on the ground that they were minor but now

 they have become major and they require the amount for their

 education purpose. Hence, requested to allow the application.



 3.       Learned counsel for respondent No.1 strongly objected for




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                                        {2}                  CA 10832 OF 2022


 allowing the application on the ground that respondent No.1 has

 preferred the appeal against the impugned Judgment and order

 of the Motor Accident Claims Tribunal (for short 'the Tribunal') on

 the ground of false involvement of the ofending vehicle. This

 vehicle is insured with respondent No.1 Insurance Company. This

 Court      has     already    permitted     applicant    No.1      to    withdraw

 Rs.2,00,000/-.          If again applicant Nos.3 and 4 are permitted to

 withdraw the amount and if respondent No.1 succeeds in the

 appeal, then it would be difcult for respondent No.1 to recover

 the amount. Hence, requested to dismiss the application.



 4.       I have heard both the learned counsel. Respondent Nos.3

 and 4 need the amount for their education. The deceased was

 their father. They have no source of income. The issue raised by

 respondent No.1 can be considered at the time of fnal hearing of

 the matter. The Tribunal has fastened the liability on respondent

 No.1.



 5.       The learned counsel for respondent No.1 submits that

 matter be heard fnally and the applicants should not fle any

 fresh application for withdrawal of the amount.                     The learned

 counsel for the applicants consented for it.               Hence, I pass the

 following order :




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                                          {3}                    CA 10832 OF 2022


                                       ORDER

i] The application is allowed.

ii] Applicant Nos.3 and 4 are permitted to withdraw Rs.2,00,000/- along with accrued interest thereon out of deposited amount on furnishing undertaking.

iii] Civil Application is disposed of accordingly.

iv] List the appeal for fnal hearing on 14-12-2022.

( S. G. DIGE ) JUDGE SPT