Smt. Sulabai Baloo Padwal And ORS. v. Bajaj Allianz General Insurance Co. Ltd.

14 CAF 81 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.81 OF 2016 IN FIRST APPEAL (ST) NO.33924 OF 2013 Smt. Sulabai wd/o Baloo Padwal and ors .. Applicant.

In the matter of Bajaj Alliance General Insurance Co.Ltd.

.... Appellant V/s.

Smt. Sulabai wd/o Baloo Padwal and ors .... Respondents Ms. Tejas Kapre, I/by J.S. Kapre, for the applicants.

Ms. Yogita Deshmukh I/by M.M. Sathaye, for the Appellant Insurance Company.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 04th OCTOBER, 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

This application is preferred by the original claimants, seeking withdrawal of amount of compensation as deposited in the Tribunal, by the appellant insurance company. It is submitted that applicant No.1 is widow of the deceased. Applicant Nos 2 to 4 are children and applicant Nos. 6 1/2

14 CAF 81 OF 2016.doc and 7 are the parents of the deceased. In view of death of deceased who was the only earning member of the family, applicants need some amount for their day to day maintenance.

3.

Considering the fact that appeal has already been admitted and the fact that appeal is of the year 2015 not likely to be heard in near future, in order to satisfy the requirements of the applicants, they are permitted to withdraw 50% of the amount in proportion of the quantum of amount to each of applicant as awarded by the Tribunal and deposited by the Insurance Company in the Tribunal, subject to furnishing usual undertaking.

4.

Application is disposed of accordingly.

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