Smt. Prabhavati Devidas Narawade And ANR. v. Tata Aig General Insurance Co. Ltd.

36 CAF 3229 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3229 OF 2016 IN FIRST APPEL NO.966 OF 2012 Smt. Prabhavati Devidas Narawade'

and ors ...

Applicants

IN THE MATTER BETWEEN

Tata AIG Gen. Insurance Co.Ltd ...

Appellants.

-vsPrabhavati Devidas Narwade and ors ...

Respondents Mr. Sharad Bhosale i/by Dilip Bodake, for the applicants Mr. Nikhil Mehta i/by KMC Legal Venture, for appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 29thAUGUST, 2018.

P.C. :

1] Heard learned counsel for applicant and original appellant.

2] This application is for withdrawal of the amount of compensation deposited by the appellant in the Tribunal. The application is filed by original claimants. It is pointed out that already 1/2

36 CAF 3229 OF 2016.odt as per order passed by this Court on 7th November, 2014, claimants were permitted to withdraw an amount of Rs.2,50,000/, out of total compensation amount of Rs.7,04,806/-, deposited in the Court. 3] In view thereof, considering the requirement and necessity of claimants, the claimants are permitted to withdraw an amount of Rs.1,25,000/-, on furnishing an undertaking that in the event the insurance company succeeds in the appeal, the insurance company is entitled to recover the amount of compensation from the owner of the vehicle.

4] Application is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2