Mrs. Shabana Kalima Ansari And ORS. v. Reliance General Insurance Co. Ltd.

OSK 910-caf-4096-2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4096 OF 2014 IN FIRST APPEAL (STAMP) NO. 14946 OF 2014 Smt.Shabana Kalim Ansari & Ors.

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Applicants In the matter between Reliance General Insurance Co.Ltd.

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Appellant

Versus

Smt.Shobana Kalim Ansari & Ors.

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Respondents Mr.T.J.Mendon for Applicants.

Ms.Allena George i/b. M/s.Res Juris for Appellant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 27TH OCTOBER, 2016.

P.C. :

1] This is an application seeking withdrawal of the entire decretal amount of compensation as deposited by the Insurance Company with the tribunal.

2] The application is preferred by the original claimants who are the widow and minor children of the deceased. 3] It is submitted that as the only source of income of the applicants is lost in the accident, the applicants are having nothing for their maintenance. Applicant nos.2 to 7 are minor children. 1/2

OSK 910-caf-4096-2014.odt 4] As the appeal is mainly on the quantum of compensation, in the interest of justice, the applicant no.1 is permitted to withdraw 30% of the amount of the total compensation deposited by the Insurance Company in the trial Court subject to furnish usual undertaking without insisting any security.

5] The Civil Application is accordingly disposed of. (DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2