Bombay High Court
Bajaj Allianz General Insurance Co. ... vs Madhuri W/O Ramprasad Rathi And Other on 19 August, 2025
1 35-caf-2935.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CIVIL APPLICATION (CAF) NO. 2935 OF 2025
IN
FIRST APPEAL NO. 1038 OF 2025
( Bajaj Allianz General Insurance Co. Ltd. ..vs.. Madhuri w/o Ramprasad Rathi (dead) through her Lrs.
and others )
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mrs. Mrunal Naik, Advocate for the appellant,
Mrs. U.A. Bhattad, Advocate for respondent No. 1A to 1C.
CORAM : ABHAY J. MANTRI, J.
DATED : 19-08-2025
Applicants/Respondent Nos. 1A to 1C have filed this
application to permit them to withdraw the amount deposited
by the appellant in the court.
2. The learned Advocate for the appellant has strongly
objected. She submitted that the applicants were not dependent
on the deceased and, therefore, they are not entitled to get
compensation; however, she does not dispute that Madhuri,
who was the widow of the deceased, was alive at the time of
filing the claim petition. She also does not dispute that Madhuri
had filed a claim petition; however, during the pendency of it,
she died.
3. Having considered the reasons disclosed in the
application as well as gone through the impugned judgment and
evidence pointed out by the learned Advocate for the appellant
and respondent Nos. 1A to 1C, I deem it appropriate that the
applicants are entitled to withdraw 50% of the compensation
amount along with accrued interest thereon, being the legal
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heirs of the original claimant Madhuri, on furnishing the usual
undertaking to the satisfaction of the Court. However,
considering the above factual position, I do not find substance
in the objection raised by the learned Advocate for the appellant
as stated above.
4. Hence, the application is partly allowed. The applicants
are entitled to withdraw 50% of the compensation amount
along with accrued interest thereon, on furnishing the usual
undertaking and bank account details to the registry.
5. The Registrar (Judicial) is directed to transmit 50% of
the compensation amount in equal proportion to the bank
account of the respective applicants, within six weeks, on their
furnishing the usual undertaking and bank account details to
the registry.
6. The application is disposed of.
Heard.
2. Having considered the reasons raised in the memo of
appeal, the appeal is Admitted.
3. Issue notice to the respondents.
4. Mrs. U.A. Bhattad, learned Advocate, waives service of
notice for respondent Nos. 1A to 1C.
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5. Learned Advocate for the appellant undertakes to supply
copies of the appeal memo with annexures to the registry within
two weeks. On supply of the copies, issue a notice to respondent
No. 2.
6. List the matter in due course.
(ABHAY J. MANTRI, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 19/08/2025 18:09:03
