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Bombay High CourtCAF/1080/2019allowed

Shri. Sachin Shivaji Kawade Thr. His Next Friend Father Shri. Shivaji Shripati Kawade v. United India Insurance Co. Ltd. Divisional Office And ORS.

2019-12-16Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht2 pages

25CAF-1080-2019.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1080 OF 2019 IN FIRST APPEAL ST. NO. 26219 OF 2018 Shri Sachin Shivaji Kawade ...Applicant

Versus

United India Insurance Co. Ltd.

...Respondent

IN THE MATTER BETWEEN

United India Insurance Co. Ltd.

...Respondent

Versus

Shri.Sachin Shivaji Kawade & Ors.

...Respondents

......

Mr.Sudhakar G. Thorat for the Applicant.

Mr.Amol Gatne for the Original Appellant.

......

CORAM:

V.G.BISHT, J.

DATE:

16TH DECEMBER, 2019 PC:- 1.

This Application is moved for withdrawal of an amount deposited by the original appellant pursuant to the judgment and award dated 24th April, 2018 passed by the learned Member, M.A.C.T., Kolhapur in Motor Accident Claim No. 377 of 2013. Trupti 1/2

25CAF-1080-2019.DOC 2.

Heard the learned Counsel for the applicant. He prays that the applicant be allowed to withdraw the entire amount. 3.

Considering the judgment and award and the submission of the learned Counsel, the applicant i.e., original claimant is allowed to withdraw 50% of the amount deposited by the appellant/insurance company on an usual undertaking before the learned Member. The remaining amount is to be deposited in the fixed deposit in any nationalized bank.

4.

Civil Application is allowed and is accordingly disposed of. (V.G.BISHT, J. ) Trupti 2/2