Natonal Insurance Co. Ltd. Through The Manager v. Smt. Anita Jayant Bagal And ORS.

osk 918-cafst-2610-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO. 2610 OF 2019 IN FIRST APPEAL (ST.) NO. 19422 OF 2015 Smt.Anita Jayant Bagal & Ors.

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Applicants In the matter between :- National Insurance Co. Ltd.

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Applicant V/s.

Smt.Anita Jayant Bagal & Ors.

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Respondents • Mr.Sanjay Krishnan i/b. Ms.Harshada M. Rane for the Appellant. • Mr.Sagar Tambe i/b. Mr.Nitin Kulshetti for the Applicants/ Original Respondent Nos.1 to 5.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 1st FEBRUARY, 2019.

P.C. :

1] Heard learned counsel for both the parties.

2] This is an application filed by the Applicants-Claimants for withdrawal of the entire amount of compensation deposited in the Court.

3] Learned counsel for the Appellant resists the application on the ground that there is breach of policy. 4] In view thereof, the Applicants-Claimants are permitted to withdraw only 25% of the amount of compensation deposited in the Court, subject to furnishing of usual undertaking. 5] The Civil Application is disposed of in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1