Mr. Ashok Bhausaheb Choudhari And ANR. v. Bajaj Allianz General Insurance Co. Ltd.

caf-3219.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3219 OF 2015 IN FIRST APPEAL NO.594 OF 2014 Ashok Bhausaheb Choudhari and anr.

: Applicants.

In the matter between Bajaj Allianz General Insurance Co. Ltd.

: Appellant.

Versus

Ashok Bhausaheb Choudhari and ors.

: Respondents.

Mr. P G Sarda for the Applicants.

Mr. M M Sathaye for the Original Appellant.

CORAM :

R. M. SAVANT, J.

DATE :

14th June 2016 P.C.

The above Civil Application has been filed for withdrawal of the balance amount remaining in the Maharashtra Accident Claims Tribunal, Pune which has been deposited by the original Appellant - Insurance Company. The original Appellant - Insurance Company had deposited an amount of Rs.3,65,694/­ which included the principal amount awarded along­with interest. Out of the said amount, the Applicants were permitted to withdrawn the amount of Rs.75,000/­ each i.e. total amount of Rs.1,50,000/­. The balance remaining is therefore in the sum of Rs.2,15,694/­. Having regard to the fact that the withdrawal was permitted only lgc

caf-3219.15.doc in July 2014, it would not be appropriate to permit the Applicants to withdraw the balance remaining amount at this stage. However, it would be open for the Applicants to renew their application for withdrawal if the occasion so arises in future. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc