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

928.CA.1198.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.1198 OF 2020 IN FAST/25453/2019 NOORJAHAN ABDUL KARIM SHAIKH AND ORS

VERSUS

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

Advocate for Applicants : 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 claimants are 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 claimants to withdraw only a part of the amount which in aggregate would come to around 50%. 2.

The application is allowed. The applicants are allowed to withdraw in aggregate an amount of Rs.25,00,000/- out of the amount deposited by the Insurance Company in this Court to be paid to them strictly in accordance with the mode, manner and apportionment done by the Tribunal in the impugned judgment and order. The amount be transmitted 1/2

928.CA.1198.2020.odt to the Motor Accident Tribunal, Osmanabad for implementation of this order subject to the undertaking that the applicants/claimants shall deposit the amount in this Court if directed in future. The application is disposed of. (MANGESH S. PATIL, J.) habeeb 2/2