Smt. Shradha Shekhar Rege And ORS. v. The New India Insurance Co. Ltd.

osk 9-caf-4406-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4406 OF 2018 IN FIRST APPEAL NO. 1210 OF 2015 Smt.Shradha Shekhar Rege & Ors.

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Applicants In the matter between :- The Manager, The New India Assurance Co. Ltd.

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Appellant V/s.

Smt.Shradha Shekhar Rege & Ors.

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Respondents • Mr.D.R. Mahadik for the Appellant.

• Mr.Sudhakar G. Thorat a/w. Mr.T.J. Mendon for the Applicants/Org. Respondent Nos.1 to 4.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 16th JANUARY, 2019.

P.C. :

1] Heard learned counsel for both the parties.

2] This is an application preferred by the ApplicantsClaimants for withdrawal of the entire amount of compensation deposited in the Court.

3] Considering that the Appeal is preferred on the point of negligence, the entire amount cannot be permitted to withdraw. 4] The Applicants-Claimants are therefore permitted to withdraw 25% of the amount of compensation, subject to furnishing of usual undertaking. The Applicants-Claimants are at liberty to apply for further withdrawal of the amount, if exigency arises in future. 5] The Civil Application is disposed off in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1