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2025 DAILYLAW 7730 (BOM)

Sau Jijabai Subhash Patil and ors v. Legal manager magma HDI General Insurance Co Ltd and anr

CA/3026/2025 · 2025-03-21

Shri S G Chapalgaonkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(1) 60-ca-3026-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3026 OF 2025 IN FA/2097/2024 SAU JIJABAI SUBHASH PATIL AND ORS VERSUS LEGAL MANAGER MAGMA HDI GENERAL INSURANCE CO LTD AND ANR ... Mr. Pramod C. Mayure, Advocate for Applicants. Mr. S. S. Patil h/f Mr. R. H. Dahat, Advocate for Respondent No.1. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 21st MARCH, 2025. P.C.:- 1. Heard learned Advocates appearing for respective parties. 2. The applicants/original claimants in M.A.C.P. No.16/2021 are seeking withdrawal of amount deposited by respondent/insurer in pursuance to award dated 02.03.2024. 3. Mr. Patil, learned Advocate appearing for respondent/insurer submits that Appeal is filed on the ground of contributory negligence and quantum. 4. Looking to the reasoning adopted by Tribunal, definitely claimants are entitled for partial withdrawal of amount. Hence, following order: ORDER a. Civil Application is partly allowed. b. The applicant nos.1 and 2 are permitted to withdraw 70% of the amount deposited by appellant/insurer on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court 2025:BHC-AUG:8788 (2) 60-ca-3026-2025.odt that in case adverse order is passed, applicants shall redeposit the amount. (S. G. CHAPALGAONKAR) JUDGE Devendra/March-2025