Kishori Kishor Surve v. Bajaj Alliaz General Insurance Company Limited

9 CAF 2921OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2921 OF 2018 IN FIRST APPEAL (ST) NO.29762 OF 2017 Kishori Kishor Surve and ors ...

Applicants.

In the matter between.

Bajaj Allianz General Insu. Co.Ltd.

...

Appellant.

V/s.

Kishori Kishor Surve and ors ...

Respondents Mr. Rajesh Patil, for applicants.

Ms. Yogita D. Chitnis, for the appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 29thAUGUST, 2018.

P.C. :

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

2] This application is filed by the original claimants for withdrawal of the amount of compensation deposited in the Court. 3] Considering the requirement of claimant No.1, who is widow, she is permitted to withdraw 50% amount of her share alongwith interest accrued thereon; whereas claimant No.4 Laxmi, the mother of deceased is permitted to withdraw entire amount of her 1/2

9 CAF 2921OF 2018.odt share as apportioned by the Tribunal, on furnishing usual undertaking by them.

4] As regards claimant Nos. 2 and 3 is concerned, they being children, their amount of share is not allowed to be withdrawn. 5] Application is disposed off accordingly.

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