Smt. Mangilal Bhairaji Kharol And ANR. v. Tata Aig Gen. Ins. Co. Ltd.

904 CAF 66 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.66 OF 2019 IN FIRST APPEAL NO.1044 OF 2016 Mangilal Bhairaji Kharol and anr ...

Applicant In the matter between Tata AIG General Insurance Co.Ltd.

...

Appellant.

V/s.

Mangilal Bhairaji Kharol and ors ...

Respondents Mr. T. J. Mendon, for the applicant.

Mr. Devendranath Joshi for appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 17th JANUARY, 2019.

P.C. :

1] This application is filed by the original claimant for withdrawal of entire amount of compensation deposited by the Insurance Co. in the trial Court.

2] Considering that appeal is filed on both the counts of negligence and quantum of compensation, the applicant cannot be permitted to withdraw the entire amount. However, having regard to the requirements of the applicants, they are permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking. 3] The application is disposed off.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1