Smt. Rukhamini Bhimrao Ghodake And ORS v. Mr. Shriram General Insurance Company Limited Thr. Mr.Mahesh Munde,Legal Manager

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2887 OF 2018 IN FIRST APPEAL NO.384 OF 2017 Rukhamini Bhimrao Ghodake and Ors.

.... Applicants In the matter between Shriram General Insurance Co. Ltd., Naupada, Thane .... Appellant V/s.

Rukhamini Bhimrao Ghodake and Ors.

.... Respondents Mr. Rushikesh S. Kale for the Applicants.

Mr. Nikhil Mehta, I/by M/s. KMC Legal Venture, for the AppellantInsurance Company. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Kale, learned counsel for the Applicants, and Mr. Mehta, learned counsel for the Appellant-Insurance Company. 2.

This is an application filed by the Original Claimants seeking withdrawal of the entire amount of compensation. 3.

However, considering that the defence is about the noninvolvement of the insured vehicle itself, the entire amount of 1/2 909-CAF-2887-18==.doc

compensation cannot be permitted to be withdrawn. Moreover, having regard to the requirements of the Applicants, the Applicants are permitted to withdraw 30% of the amount of compensation deposited by the Appellant-Insurance Company in the Tribunal, subject to furnishing of usual undertaking.

4.

Civil Application is disposed off.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 909-CAF-2887-18==.doc