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Bombay High CourtCA/1199/2020disposed offdismissed for default

Noorjahan Abdul Karim Shaikh v. Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

2020-07-23Hon'Ble Shri Justice Mangesh S. Patil2 pages

928.5.CA.1199.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928.5 CIVIL APPLICATION NO.1199 OF 2020 IN FAST/25513/2019 NOORJAHAN ABDUL KARIM SHAIKH

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Dadpe Prasanna D. (V.P. Not filed for A4) Advocate for Respondents : Mr. Swapnil Dargad h/f. Mr. S. G. Chapalgaonkar ...

CORAM

: MANGESH S. PATIL, J.

DATE : . 23.07.2020 PER COURT :

The original claimant is seeking withdrawal of the amount of compensation deposited by the Insurer while preferring this appeal. After having considered the reasoning given by the Tribunal as to the cause of accident as also for determining the quantum of compensation, it would be just and proper to allow the claimant to withdraw only a part of the amount which in aggregate would come to around 50%.

2.

The application is allowed. The applicant is allowed to withdraw in aggregate an amount of Rs.2,00,000/- out of the amount deposited by the Insurance Company in this Court to be disbursed to her by the Tribunal. The amount be transmitted to the Motor Accident Claim Tribunal, Osmanabad for implementation of this order subject to the 1/2

928.5.CA.1199.2020.odt undertaking that the applicant shall deposit the amount in this Court if directed in future. The application is allowed. (MANGESH S. PATIL, J.) habeeb 2/2