Shri. Kasam Yusuf Dalwai v. Iffco Tokio Gen. Ins. Co.Ltd.

45 caf 2336-19=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2336 OF 2019 IN FIRST APPEAL NO. 755 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Harshada Rane I/b Varsha Chavan for the Applicant.

Ms. Sangeeta Salvi for the Respondent No.1.

CORAM: K.K.TATED, J.

DATED : 26/08/2019 P.C.

Heard learned Counsel for the parties.

By this application, the Applicant original Claimant is seeking permission to withdraw 50% of the awarded amount deposited by the Appellant Insurance Company without furnishing any security but subject to outcome of the First Appeal.

The learned Counsel for the Applicant submits that in accident which occurred on 02.01.2014, the Applicant lost her wife who was 26 years old on that date. She was a Doctor by profession. She was earning Rs.1,48,000/- per month.

The learned Counsel for the Applicant Sneha Chavan 1/2

45 caf 2336-19=.odt submits that in similar matter this Court has permitted the Claimant to withdraw 50% of amount without furnishing any security but subject to outcome of the First Appeal. This fact is not disputed by the learned Counsel for the Insurance Company.

Hence, the following order is passed:

A) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) this Hon'ble Court be pleased to allow the Applicant to withdraw 50% of the award amount along with the interest deposited by the Appellant before the MACT, Thane".

B) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2