Mr. Himmatrao Ramchandra Bhise And ANR. v. The Oriental Insurance Co. Ltd.

Trupti 10-fa-134-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 134 OF 2012 WITH CIVIL APPLICATION NO. 3710 OF 2016 IN FIRST APPEAL NO. 134 OF 2012 Himmatrao Ramchandra Bhise & Anr.

...Applicants

IN THE MATTER BETWEEN

The Oriental Insurance Co. Ltd.

...Appellant

Versus

Himmatrao Ramchandra Bhise & Ors.

...Respondents

......

Mr.Dhananjay D. Rananaware for the Applicants. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

SEPTEMBER 12, 2017 P.C. :

1.

None present for the appellant­insurance Company. 2.

This is an application preferred by the applicants/original claimants for withdrawal of the amount of compensation awarded by the learned Member, Motor Accident Claims Tribunal, Satara vide order dated 04.12.2010 in M.A.C.P. 305 of 2009.

3.

Learned counsel for the applicants submits that an amount of Rs. 10,51,498/­ is deposited by the Insurance Company towards the entire decretal amount alongwith interest accrued thereon.

Trupti 10-fa-134-12.doc 4.

In view of the above, I allow this Civil Application, as it is uncontroverted. The applicants/claimants are allowed to withdraw an amount of Rs. 4 lakhs each on furnishing usual personal undertaking before the Registrar, Motor Accident Claims Tribunal, Satara. The remaining amount shall be deposited in a fixed deposit with any nationalised Bank till the disposal of the appeal. 5.

Civil Application is disposed of accordingly. 6.

Place this First Appeal for hearing on 28.09.2017. 7.

Parties to act upon an authenticated copy of this order. (MRIDULA BHATKAR, J.)