Mr. Ashok Mahadev Patil And ORS. v. United India Insurance Co. Ltd. And ANR.

17 CAF 697 OF 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.65 OF 2019 IN FIRST APPEAL (ST) NO.26101 OF 2017 Ashok Mahadev Patil & ors ...

Applicants.

In the matter between United India Insurance Company Ltd ...

Appellants.

V/s.

Ashok Mahadev Patil & ors ...

Respondents Mr. Shlok Parekh i/by Law Square, for applicants. Mr. Rahul Mehta i/by KMC Legal Venture, for the appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 24th JANUARY, 2019.

P.C. :

1] This application is preferred by the original claimants seeking withdrawal of the amount of compensation deposited in the Court.

2] The claimants are the legal heirs of the deceased. The appeal is on the quantum and negligence. In view thereof, applicants cannot be permitted to withdraw the entire amount of compensation. 3] However, having regard to their requirements, they are 1/2

17 CAF 697 OF 2018 permitted to withdraw 50% of the amount of compensation deposited in the Court, subject to Dling usual underrating. 4] Application is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2