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Bombay High CourtCAF/2600/2012allowed

United Insurance Company Limited v. Smt. Sulata Soumitra Sarakar..

2016-05-02Hon'Ble Smt. Justice R.P. Sondurbaldota4 pages

* 1/4 * Company Limited, Motor Third Party Claims Hub .....Appellant Smt. Sulata Soumitra Sarakar Mr. Mehta i/by. K.M.C. Legal Venture, Advocate for the appellant. Mr. S.M. Railkar, Advocate for respondents no.1 to 3. Coram :- Smt. R.P. SondurBaldota, J.

Admit. Mr. Railkar, learned Advocate appearing for respondents no.1 to 3 waives service of notice of final hearing on behalf of respondents no.1 to 3.

* 2/4 * CIVIL APPLICATION NO. 2600 OF 2012 IN Company Limited, Motor Third Party Claims Hub ....(Orig. Opp.no.3) Appellant Smt. Sulata Soumitra Sarakar Mr. Mehta i/by. K.M.C. Legal Venture, Advocate for the appellant. Mr. S.M. Railkar, Advocate for respondents no.1 to 3. Coram :- Smt. R.P. SondurBaldota, J.

The appellant has deposited the entire decreetal amount in the Tribunal. In view thereof, the Civil Application is allowed in terms of prayer clause (a).

* 3/4 * CIVIL APPLICATION NO. 941 OF 2016 IN Smt. Sulata Soumitra Sarkar ......Appellants Company Limited & Ors.

Mr. S.M. Railkar, Advocate for appellants no.1 to 3. Mr. Mehta i/by. K.M.C. Legal Venture, Advocate for the respondents. Coram :- Smt. R.P. SondurBaldota, J.

This Civil Application is taken out by the original claimant for withdrawal of the amount of compensation deposited by the Insurance Company in the Court. The application is opposed on the ground that the Insurance Company has in fact established by evidence that it is not liable to pay compensation to the claimants in view of breach of the

* 4/4 * Insurance policy.

2).

The claimants state in the application that, the amount is required for the purpose of higher education to be undertaken by applicants no.2 and 3. Considering the reason set out in the application, in my opinion, 50% of the amount deposited by the Insurance Company can be permitted to be withdrawn by the applicants on the applicants filing an Undertaking in writing in this Court, that they shall bring back the amount, in the event, the Insurance Company succeeds in the First Appeal. The Undertaking to be filed within a period of one week from today.

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Parties to act on authenticated copy of the order.