Sheetal Rahul Mate And ORS. v. The Divisional Manager United India Insurance Co. Ltd.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1703 OF 2018 IN FIRST APPEAL NO.147 OF 2016 Sheetal Rahul Mate and Ors.

.... Applicants In the matter between The Divisional Manager, United India Insurance Co. Ltd., Solapur .... Appellant V/s.

Sheetal Rahul Mate and Ors.

.... Respondents Mr. Rajshekhar Alange for the Applicants.

Mr. Abhijeet A. Joshi for the Appellant-Insurance Company. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Alange, learned counsel for the Applicants, and Mr. Joshi, learned counsel for the Appellant-Insurance Company. 2.

This is an application preferred by the Original Claimants, seeking withdrawal of the entire amount of compensation. 3.

Considering the defences raised in the Appeal by the AppellantInsurance Company that, the insured vehicle was not involved in the 1/2 17-CAF-1703-18==.doc

death of the Deceased, the Applicants are permitted to withdraw only 50% of the amount of compensation deposited by the AppellantInsurance Company in the Tribunal, subject to furnishing of usual undertaking.

4.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 17-CAF-1703-18==.doc