Smt. Savita Suresh Kamathe And ORS. v. Ifco-Tokyo General Insurance Co.Ltd. And ANR.

8-CAF-112-2020.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 112 OF 2020 IN FIRST APPEAL ST. NO.24400 OF 2018 Savita Suresh Kamathe & Ors.

...Applicants

Versus

Ifco- Tokyo General Insurance Co. Ltd. & Anr.

...Respondents

......

Mr.Sujay H. Gangal for the Applicants.

......

CORAM:

V.G.BISHT, J.

DATE:

29TH JANUARY, 2020 PC:- 1.

This application is moved for withdrawal of amount deposited by the insurance company pursuant to the judgment and award dated 21.04.2018 passed by the learned Member, Motor Accident Claims Tribunal, Baramati in M.A.C.P. No. 116 of 2015. 2.

Heard the learned Counsel for the applicants. 3.

Considering the judgment and award and the submission of the learned Counsel, the applicants are allowed to withdraw 50% of the amount deposited by the insurance company as per apportionment given in clause No. 3 of the operative part of the Trupti 1/2

8-CAF-112-2020.DOC impugned judgment and award. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest. The remaining amount is to be deposited in the fixed deposit of any nationalized bank.

4.

Application is allowed and accordingly disposed of. (V.G.BISHT, J. ) Trupti 2/2