Sou. Kashibai @ Kasturibai Kallappa And ORS. v. The New India Assurance Co. Ltd. And ORS.

OSK 913-caf-4438-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4438 OF 2016 IN FIRST APPEAL (STAMP) NO. 21337 OF 2016 Sou.Kashibai @ Kasturabai Kallappa Jakune & Ors.

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Applicants In the matter between The New India Assurance Co.Ltd.

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Appellant

Versus

Sou.Kashibai @ Kasturabai Kallappa Jakune & Ors.

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Respondents Mr.Balvant V. Salunkhe for Applicants.

Ms.Poonam Mital for Appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 27TH OCTOBER, 2016.

P.C. :

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

2] This is an application preferred by the original claimants seeking withdrawal of the entire decretal amount of compensation as deposited by the Insurance Company with the tribunal. 3] It is submitted that applicant nos.1 and 2 are the parents and applicant no.3 is the brother of the deceased. It is urged that due to 1/2

OSK 913-caf-4438-2016.odt the untimely death of the deceased, applicant nos.1 and 2 had lost their only source of income and they had also incurred substantial expenses for his treatment.

4] The learned counsel for the appellant/Insurance Company submits that the appeal is preferred against the quantum of compensation and also the amount awarded towards the future prospects.

5] In view thereof, having regard to the need of the applicant nos.1 and 2, they are permitted to withdraw the 50% amount of the total amount deposited with the tribunal subject to furnishing of usual undertaking without insisting for any security. 6] The Civil Application is accordingly disposed of. 7] An amount of Rs.25,000/- deposited in this Court be transferred to the Motor Accident Claims Tribunal, Sangli. 8] The remaining amount be invested in any "Nationalized Bank" initially for a period of one year, to be renewed thereafter from time to time till decision of this appeal.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2