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Bombay High CourtCA/2094/2017disposed offdismissed for default

Sangita Santosh Gadhave And Others v. The New India Assurance Co. Ltd. Kudal Dist Sindudhurg, Thr The Branch Manager And ORS

2017-02-17Hon'Ble Shri Justice V.K. Jadhav2 pages

31 ca 2094.17 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 2094 OF 2017 IN FAST/37043/2015 WITH CA/580/2016 IN FAST/37043/2015 WITH CA/581/2016 IN FAST/37043/2015 SANGITA SANTOSH GADHAVE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. KUDAL DIST SINDUDHURG, THR THE BRANCH MANAGER AN ...

Advocate for Applicants : Ingale Vivekanand V. Advocate for Respondents : Dhananjay P. Deshpande For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 17-02-2017.

P.C. :

1.

Heard both the sides. The learned counsel for the respondent no.1 submits that, though, the deceased was running pan shop, without their being any evidence on record the tribunal has considered the future prospects and awarded an exorbitant amount. The learned counsel for the applicants submits that, the deceased was the bread winner of the family and the applicants were depending on his income and at present they have no other independent source of income.

2.

In view of the above submission and considering the challenge made to the judgment and award passed by the tribunal. The applicants are permitted to withdraw an amount of Rupees Fifteen Lakhs on furnishing an undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

31 ca 2094.17 .odt 2.

The learned counsel seeks time to take steps against respondent no.6, who is reported to be dead.

(V.K. JADHAV) JUDGE mub