Nana Ramchandra Mali And ANR. v. New India Assurance Co. Ltd.

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3258 OF 2016 IN FIRST APPEAL NO.145 OF 2016 Nana Ramchandra Mali and anr .... Applicants V/s.

New India Assurance Co.Ltd .... Respondent Ms. Varsha Chavan, for the Applicant.

Mr. Devendranath S. Joshi, for the Respondent. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24 TH AUGUST, 2016.

P.C. :

1.

This application is preferred by the original claimants, seeking permission to withdrawal of entire decreetal amount as deposited by the Insurance Company, in the Tribunal. It is submitted that total amount deposited is Rs.49,14,568/-. The applicants are the parents of deceased and they have no source of income. Therefore, they need money for their maintenance.

2.

Considering the fact that award is challenged only as to the quantum of compensation and having regard to the requirement of the applicants, they are permitted to withdraw an amount of Rs.10,00,000/-, subject to furnishing usual undertaking. Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1 11 CAF 3258 OF 2016.doc