Beatriz Abilio Nunes And ORS. v. Icici Lambord General Insurance Co. Ltd. Thr. Its Authorized Representative Mr. Prathmesh Dinde

(4) CAF 4205-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 4205 OF 2016 IN FIRST APPEAL (STAMP) NO. 23874 OF 2015 Beatriz Abilio Nunes & Ors.

.. Applicant In the matter between ICICI Lombard General Insurance Co. Ltd.

.. Appellant Vs.

Beatriz Abilio Nunes & Ors.

.. Respondents Ms. Deepika Motagi i/b Res Juris for the Appellant. Ms. Seema K. i/b Sujeet Kurup for Applicants/Respondent Nos.1 to 3. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 1 st OCTOBER, 2016.

P. C. :

1.

Heard learned counsel for the parties.

2.

This is an application preferred by the original claimants seeking withdrawal of the amount of compensation as deposited by the appellant in Tribunal.

3.

It is submitted that the applicant No.1 is the widow of the deceased and her running age is of 68 years, she suffers from various ailments and therefore, she needs money for her medical expenses. 4.

Hence, considering the requirement of the applicant and there is no likelihood of appeal being heard in recent years, the application is partly allowed. The applicants are permitted to withdraw 50% of the 1/2

(4) CAF 4205-16 amount of compensation deposited by the Insurance Company in the Tribunal, subject to furnishing an usual undertaking but without any security. The Tribunal is directed to invest the balance amount in any nationalized bank till the disposal of the appeal. 5.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2