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Bombay High CourtCAF/4098/2016disposed off

Smt. Deepali Manoj Gangawal And ORS. v. Shriram General Insurance Co. Ltd.

2018-08-24Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

918 CAF 4098 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4098 OF 2016 IN FIRST APPEAL NO.1308 OF 2014.

Deepali Manoj Gangawal and ors ...

Applicant.

In the matter between Shriram Geneeral Insurance Co.Ltd. and ors ...

Appellants V/s.

Deepali Manoj Gangawal and ors ...

Respondents Mr. Sachin Gite, for the Applicants.

Mr. Rahul Mehta i/by KMC Legal Venture,for the the appellants.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 24th AUGUST, 2018.

P.C. :

1] Heard learned counsel for the applicants and original appellants.

2] This application is preferred by the original claimant for withdrawal of the amount of compensation.

3] Considering that the claimant No. 2 and 3 are the minor children, amount of their shares, as apportioned by the Tribunal, by 1/2

918 CAF 4098 OF 2016.odt clause No.4 of it's impugned order, cannot be permitted to be withdrawn.

4] As regards the claim of applicant No.1 widow is concerned, the Tribunal has apportioned to her share an amount of Rs.12,47,162/-, she is permitted to withdraw 50% thereof alongwith proportionate interest accrued thereon.

5] Similarly the claimant No.4 is concerned, he is awarded compensation of Rs.3,11,791/- by the Tribunal. He is entitled to withdraw the entire amount with accrued interest thereon. 6] Application is disposed off in above terms.

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