Smt. Kalyani Rajiv Gangavane And ORS. v. Divisional Manager, Bajaj Alliance G.I.C. Ltd. And ANR.

hcs 34.a2884.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2884 OF 2019 IN FIRST APPEAL STAMP NO.22462 OF 2018

1. Kalyani Rajiv Gangavane & Ors.

...

Applicants.

Vs.

The Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. & Anr.

...

Respondents.

Mr.Pritesh K. Bohade for the Applicants.

Mr.Aditi Athawale i/b Yogita Deshmukh Chitnis for the Respondents.

CORAM : V.G. BISHT, J.

DATE : 9TH JANUARY, 2020.

P.C.:

1.

Heard learned counsel for the parties.

2.

The applicants have moved this application for withdrawal of the amount deposited by Respondent No.1 pursuant to the judgment and order dated 13/12/2017 passed by the Member, Motor Accident Claims Tribunal, Nashik in MAC Petition No.1185 of 2013.

3.

In view of submissions made by learned counsel for the applicants, they are allowed to withdraw 50% of the amount as per apportionment made in the operative part of 1/2

34.a2884.19.odt order dated 13/12/2017. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

4.

Civil application is allowed and in accordingly disposed of.

(V.G. BISHT, J.) 2/2