Saraswatibai Rameshwar Gawali And ORS v. The Oriental Insurance Co. Ltd., Thr Its Branch Manager, Osmanabad And ORS

{1} ca188.18.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 188 OF 2018 IN FIRST APPEAL NO. 1045 OF 2012 Saraswatibai Rameshwar Gawali & others Applicants

Versus

The Oriental Insurance Co. Ltd.

& others Respondents Mr. B.N. Patil, advocate for applicants.

Mr. S.U. Malte, advocate for respondent no. 1. CORAM : M.S. SONAK, J.

DATE : 22nd JANUARY, 2018 PER COURT:

1.

The application is disposed of by permitting applicants to withdraw 50% of the compensation amount deposited by appellant insurance company in this Court. This shall be subject to applicants 1, 5 and 6 filing an undertaking that such withdrawal shall abide by final order in the appeal. The affidavit containing undertaking may be executed before any Notary Public in Osmanabad district and the Registry to accept the same. Copy of such undertaking be furnished to the learned counsel for appellant.

2.

Out of the withdrawn amount, sum of Rs. 1,25,000/- (Rs.One Lac Twenty Five Thousand) each as apportioned in favour of Chandrakant s/o Bali Gawali and Taramati Chandrakant

{2} ca188.18.odt Gawali, the parents of deceased Rameshwar Gawali. Balance amount be paid to Sarawatibai w/o Rameshwar Gawali for self and in her capacity as natural guardian of the minor children. Balance amount which is deposited by insurance company be invested in Nationalised Bank.

( M.S. SONAK, J. ) dyb