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Bombay High CourtCAF/460/2016disposed off

Smt. Sharda Jaisingh Rathod And ANR. v. New India Assurance Company Limited Through Mumbai Regional Office -I

2016-02-05Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.460.2016_prodn.1.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.460 OF 2016 IN FIRST APPEAL NO.929 OF 2015 Smt.Sharda Jaisingh Rathod & anr .. Applicants

IN THE MATTER BETWEEN:

New India Assurance Co. Ltd.

... Appellant Vs.

Jaya Vishnu Rathod & Ors.

... Respondents Ms.Varsha Chavan Applicant Mr.D.S. Joshi for the Appellant / Insurance Company CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 5th FEBRUARY, 2016 P.C.:

1.

Not on Board. Upon mentioning, taken on Board. 2.

This application is moved by the applicants - mother and the brother of the deceased. As per the submissions of the learned Counsel for the Insurance Company, the amount of Rs.14,43,553/- is deposited. The apportionment is carved out by the Tribunal.

3.

In view of the submissions and the order passed by the learned Member, Motor Accident Claims Tribunal, the applicant No.1 / mother of the deceased is allowed to withdraw Rs.3 lakhs and the applicant No.2 / 1 / 2

caf.460.2016_prodn.1.doc brother of the deceased is allowed to withdraw Rs.25,000/-, on both furnishing usual undertaking to the satisfaction of the Registrar, Motor Accident Claims Tribunal.

4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2