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Bombay High CourtCA/3216/2019disposed offdismissed for default

Bibhishan Shivaji Autade And ANR v. Reliance General Insurance Co. Ltd., Thr Its Authorized Official, Yogesh D Dhase, Aurangabad And An

2019-03-22Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) CA No.3216/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO.3216 OF 2019 IN FIRST APPEAL NO. 1430 OF 2018 Bibhishan Shivaji Autade and another.

Applicants.

Versus

Reliance General Ins.Co. Ltd & anr.

Respondents.

*** Mr. V.S. Undre, Advocate for the applicants.

Mr. A.S. Osmanpurkar, Advocate for respondent No.1. Mr. S.N. Patne, Advocate for respondent No.2. *** CORAM : SUNIL K. KOTWAL, J.

Dated :

22 March 2019.

ORDER :- .

Heard learned Counsel for the applicants and learned Counsel for Insurance Company. Perused the award. 2.

After going through para 17 of the judgment, it reveals that the compensation awarded by the Tribunal is exorbitant and even certain calculations are incorrect. In the circumstances, permission is granted to the applicants to withdraw 50% amount of the compensation amount deposited in

(2) CA No.3216/2019 this Court with proportionate accrued interest thereon, subject to filing of written undertaking in first appeal to re-deposit the withdrawn amount as and when directed by this Court. The written undertaking is to be filed within 8 weeks from today. The balance 50% compensation amount shall be invested in fixed deposit in any Nationalized Bank till final hearing of the appeal. 3.

Civil Application is disposed of.

( SUNIL K. KOTWAL) JUDGE vdd/