Disposed

Wahida Manjothi v. Royal Sundaram Alliance Insurance Co.Ltd. (Respondents)

Bombay HC24 Oct 2016NMT/231/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed the petitioner, a financially unable widow, to proceed with her succession certificate petition. The judge exempted immediate court fee payment, directing the registry to permit the case to advance contingent on the petitioner paying the fee from the eventual insurance claim proceeds.

What did the court decide?

Petitioner allowed to proceed with petition; registry to admit case contingent on undertaking to pay Rs. 75,000 court fees from future insurance claim proceeds.

Wahida Manjothi Vs Royal Sundaram Alliance… — Succession and Inheritance | Bombay HC (2016)

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909-NMT231-16.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 231 OF 2016 IN

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TESTAMENTARY PETITION (L) NO. 1931 OF 2016

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Wahida Manjothi...Petitioner
Versus
Royal Sundaram Alliance Insurance Co. Ltd.…Respondents

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Mr. J. Udaipuri for the Petitioner.
None for the Respondents.

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CORAM: G.S. PATEL, J DATED: 24th October 2016

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PC:-

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1. The Petitioner is personally present in Court.

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2.I will grant the Notice of Motion in its entirety. I believe that
justice, equity and good conscious demand this. The Petitioner is a
widow. Her husband died in an accident. She has filed this Petition
for Succession Certificate in order to claim personal accident
insurance in an amount of Rs.26,25,000/-. The Petition requires
Court Fees of Rs. 75,000/-. This the Petitioner does not have. She
does not have any earning member in her family. Her daughter is a
minor and a student in school. Her son is also a student.

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Page 1 of 2

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24th October 2016

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909-NMT231-16.DOC

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3.The prayer seeks that the insurance claim of Rs. 26.25 lakhs
be called for, the Court Fees be paid or deducted out of this, and the
balance be invested. I can only grant this prayer in part. I do not see
how I can order the deposit of that amount. That will have to be
done in a properly brought Motor Accident Claim or an Appeal
from an order of the Motor Accident Claims Tribunal. What I can,
however, do is to direct that the registry will allow the Petitioner to
proceed with the Petition upon her giving an undertaking that as and
when she receives the claim amount, an amount of Rs.75,000/- will
be first paid as Court Fees towards this Petition.

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4. With these directions, the Notice of Motion is disposed of. There will be no order as to costs. The Registry to proceed accordingly.

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5. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Page 2 of 2
24th October 2016

Wahida Manjothi v. Royal Sundaram Alliance Insurance Co.Ltd. (Respondents)

Case brief

What is this about?

What did the court decide?

Wahida Manjothi v. Royal Sundaram Alliance Insurance Co.Ltd. (Respondents)

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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