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Bombay High CourtCA/5034/2015admittedallowedgrantedrule absolute

Ramabai Suresh Palik And Others v. The United India Insurance Company Ltd And Others

2015-10-16Hon'Ble Shri Justice S V Gangapurwala2 pages

951withdrawal.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

951 CIVIL APPLICATION NO. 5034 OF 2015 IN FA/1826/2014 RAMABAI SURESH PALIK AND OTHERS

VERSUS

THE UNITED INDIA INSURANCE COMPANY LTD AND OTHERS ...

Advocate for Applicants : Mr. Mayure Pramod C Advocate for Respondent No.1 : Mr. S. G Chapalgaonkar ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

16th October, 2015 PER COURT :

1.

This is an application for withdrawal of the amount. Mr.Chapalgaonkar, the learned counsel for the non applicant submits that the insurance company is not liable to pay any compensation amount as deceased was not third party and the claim was not covered under the policy.

2.

Considering the award passed, I pass following order:

i.

Claimant No.1 is allowed to withdraw Rs.1,85,800/- (Rs.One lakh eighty five thousand eight hundred) and Claimants 8 and 9 are allowed to withdraw Rs.62,500/- (rupees sixty two thousand five hundred) each on furnishing solvent 1/2

951withdrawal.doc security/surety of like amount.

ii.

Remaining amount shall be kept in Fixed deposit of any nationalized bank.

iii. Civil application disposed of.

( S. V. GANGAPURWALA, J. ) JPC 2/2