Shri. Bhanudas Motigiri Gosavi And ANR. v. New India Assurance Company Limited

46-CAF4282-15.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4282 OF 2015 IN FIRST APPEAL NO. 1337 OF 2014 Bhanudas Motigiri Gosavi & Anr ...Applicants In the matter between New India Assurance Co Ltd ...Appellant

Versus

Jayashree Gosavi & Ors

...Respondents

Mr Yuvraj Narvankar, for Applicants/Respondents Nos.1 to 3.

Mr SM Dange, for the Appellant.

CORAM: G.S. PATEL, J DATED:

1st August 2017 PC:- 1.

This is an application for the withdrawal by the parents of the deceased. By previous order dated 11th February 2015 the wife was allowed to make a withdrawal for herself and a monthly withdrawal for the minor.

2.

The total amount awarded is Rs.30,60,000/-. Out of the award, 30% was apportioned to the widow, 25% each to the two parents and the remaining amount of 20% was to be invested in a 1st August 2017

46-CAF4282-15.DOC fixed deposit in a name of the minor Applicants. Nothing at all has been withdrawn by the parents of the 25% each that they have been awarded.

3.

I see no reason why they should not be at liberty to withdraw 50% of the 25% each that they have been awarded, which works out to 25% of the aggregate amount. The Applicants will be at liberty therefore to withdraw an aggregate amount of Rs.10,00,000/- which is just slightly over 25% of the amount deposited, subject to the outcome of the Appeal.

4.

The Civil Application is disposed of.

(G. S. PATEL, J.) 1st August 2017