Smt.Aarti Sudhamo Khetwani And ORS. v. The National Insurance Company Ltd.

71-CAF1109-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1109 OF 2017 IN FIRST APPEAL (ST) NO. 16139 OF 2015 Arti Sudhamo Khetwani & Ors ...Applicants

Versus

The National Insurance Co Ltd Through Their Regional Office No. 3.

...Respondent

Mr Mahesh Gowda, i/b Vishal Thadani, for the Applicants.

Ms Bhakti Barve, for the Respondent.

CORAM: G.S. PATEL, J DATED:

11th July 2017 PC:- 1.

This is a Civil Application by Respondents Nos. 1 and 2 to withdraw the balance amount. The amount deposited was Rs. 16,73,471/-. The Applicants have already been allowed to withdraw 25%. The claim arises out of a fatal accident. The deceased was travelling in a vehicle. As he came near Nashik, another vehicle coming in the opposite direction crashed into him. He died. 2.

The limited challenge is on the question of proof of income. Having regard to this, I will permit the Applicants to withdraw a further amount of Rs. 5 lakh without security or undertaking. The 11th July 2017

71-CAF1109-17.DOC MACT Nashik will permit the withdrawal on production of an authenticated copy of this order.

3.

The statutory deposit of Rs. 25,000/- shall be transferred to the MACT Nashik.

4.

The remaining amount as also the amount of Rs. 25,000/- are to be invested by the MACT Nashik in a fixed deposit with any nationalized bank.

5.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J) 11th July 2017