Smt.Nanda Brahma Chavan And ORS. v. Bajaj Alliance General Insurance Co.Ltd.

osk 10-caf-2313-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2313 OF 2017 IN FIRST APPEAL NO. 1268 OF 2015 Smt.Nanda Bramha Chavan & Ors.

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Applicants In the matter between Bajaj Alliance General Insurance Co. Ltd.

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Appellant V/s.

Smt.Nanda Bramha Chavan & Ors.

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Respondents • Ms.Komal Sawant i/b. Mr.A.M. Gokhale for the Applicants/Respondent Nos.1 to 5.

• Mr.M.M. Sathaye for the Appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 10th OCTOBER, 2018.

P.C. :

1] This is an application filed by the Applicants-Claimants for withdrawal of the amount of compensation deposited in the Tribunal. 2] Learned counsel for the Appellant submits that considering the breach of policy involved in this present case, the entire amount should not be permitted to withdraw. 3] Hence, having regard to the fact and considering the necessity of the Applicants-Claimants, they are permitted to withdraw 50% of the amount of compensation deposited with the Tribunal 1/2

osk 10-caf-2313-2017.odt alongwith proportionate interest accrued thereon, subject to furnishing of usual undertaking.

4] The Civil Application is disposed of in above terms. 5] Place the Appeal on board for 'Admission' on 15th January, 2019.

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