Mr. Jagdish Shankar Joshi And ORS. v. Royal Sundaram Aliance

bsb 1 CAF2040-767.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2040 OF 2014 IN FIRST APPEAL NO. 302 OF 2014 Shri Jagdish Shankar Joshi & ors.

... Applicants In the matter between - Royal Sundaram Aliance Insurance Co. Ltd.

... Applicant v/s Shri Jagdish Shankar Joshi & ors.

... Respondents ALONG WITH CIVIL APPLICATION NO. 767 OF 2014 IN FIRST APPEAL NO. 302 OF 2014 Royal Sundaram Aliance Insurance Co. Ltd.

... Applicant v/s Shri Jagdish Shankar Joshi & ors.

... Respondents Mr.J.S. Kapre for the applicants in CAF No.2040 of 2014 and for respondent Nos.1 to 3 in CAF No.767 of 2014.

Mr.M.M. Sathaye for the applicant in CAF 767 of 2014 and for the respondents in CAF No.2040 of 2014.

CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 13TH FEBRUARY 2015 P.C.:

Heard the learned counsel for the parties. Perused the contents of the civil applications. Also perused the judgment of the

bsb 2 CAF2040-767.14.doc Motor Accident Claims Tribunal.

In the facts of the case, we permit each of the claimants to withdraw a sum of Rs.20,00,000/- on furnishing solvent surety/ security for a sum of Rs.10,00,000/- each. It would mean that the claimants would not be required to furnish security for withdrawal of Rs.10,00,000/- each. The balance amount may be placed in a fixed deposit account of a nationalized bank for a period of three years and the same should be renewed from time to time during the pendency of the first appeal.

The civil applications are allowed in the aforesaid terms and disposed of.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)