Disposed

Rupali Santosh Vaidya and Others v. National Insurance Co.Ltd Throuh Divn.Manaer Aurangabad

Bombay HC24 Mar 2017CA/1767/2017

Case brief

AI extract

What is this about?

The Court permitted applicants to withdraw an additional amount from deposited insurance compensation, contingent on furnishing a satisfying undertaking to the Registrar, balancing challenges to the Tribunal award against family requirements.

What did the court decide?

Applicants permitted to withdraw Rs. 3,00,000/- on furnishing undertaking to the satisfaction of the Registrar (Judicial).

Rupali Santosh Vaidya and Others Vs National Insurance… — Banking and Recovery | Bombay HC (2017)

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954 ca.1767.17.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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CIVIL APPLICATION NO. 1767 OF 2017

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IN FA/1557/2014

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RUPALI SANTOSH VAIDYA AND OTHERS VERSUS NATIONAL INSURANCE CO. LTD, THROUGH DIVISIONAL MANAGER AURANGABAD

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Advocate for Applicants : Mr. Ankush N. Nagargoje. Advocate for Respondent No.1 : Mr. A. B. Gatne.

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CORAM : V. K. JADHAV, J. DATE : 24^th March, 2017.

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P.C.:

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. Heard both the sides.

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2 The learned counsel for the Applicants submits that the

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breadwinner of the family met with an accidental death. Though the Applicants have already withdrawn the compensation of Rs.2,75,000/-, however, considering the fact that the minor Claimant Nos.2 to 4 are taking eduction and certain amount is required for the purpose of domestic and educational expenses, the Applicants may be permitted to withdraw the entire amount deposited before this Court.

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3 The learned counsel for the Respondent / Insurer has strongly

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resisted the application on the ground that the Applicants have already withdrawn substantial amount deposited before this Court and

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954 ca.1767.17.odt

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considering the challenge made to the judgment and award passed by the Tribunal, they may not be permitted to withdraw the remaining amount deposited before this Court.

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4 Considering the challenge made to the judgment and award passed by the Tribunal and even if the notional income of the deceased is considered at some reasonable amount, the Applicants are entitled to withdraw an amount of Rs.5,00,000/-. Since the Applicants have already withdrawn an amount of Rs.2,75,000/- before this Court, they are permitted to withdraw an amount of Rs.3,00,000/(Rupees Three Lacs Only) on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

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5 If the said amount of Rs.2,75,000/- as per the order passed by this Court if not withdrawn by the Applicants, the Applicants are permitted to withdraw an amount of Rs.5,75,000/- (Rupees Five Lacs and Seventy-Five Thousand Only) in total on the same conditions.

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6 Civil application is accordingly disposed of.

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[ V. K. JADHAV, J. ]

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ndm

Rupali Santosh Vaidya and Others v. National Insurance Co.Ltd Throuh Divn.Manaer Aurangabad

Case brief

What is this about?

What did the court decide?

Rupali Santosh Vaidya and Others v. National Insurance Co.Ltd Throuh Divn.Manaer Aurangabad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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