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Bombay High CourtCA/2804/2018disposed offdismissed for default

Prakashsing Pratapsing Sisodiya And ANR v. New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad

2018-02-27Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

CA-2804-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2804 OF 2018 IN FIRST APPEAL [STAMP] NO. 39353 OF 2017 Shri Prakashsing Pratapsing Sisodiya and another .. Applicants vs New India Assurance Company Ltd.

..

Respondent ---- Mr. Shrikant S. Patil, Advocate for applicants Mr. A. S. Usmanpurkar, Advocate for respondent CORAM :

SUNIL P. DESHMUKH, J.

DATE :

27th February, 2018 ORDER :

1.

Heard learned counsel for the parties.

2.

This is an application moved for withdrawal of amount deposited pursuant to orders of this court.

3.

Learned counsel for the applicants states that applicants are in dire need of money since their bread earner died in the accident and thus seeks withdrawal of amount. 4.

Learned counsel appearing for respondent - insurance company, however, submits that having regard to section 163A of Motor Vehicles Act, liability of insurer would be limited and in such a case, request made under the

CA-2804-18.doc application may not be acceded to.

5.

However, having regard to that the applicants have lost their bread earner, I deem it expedient to allow withdrawal of fifty per cent of the amount deposited in this court subject to condition that twenty five per cent of total amount deposited may be withdrawn by applicant on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court and further twenty file per cent amount out of amount deposited shall be withdrawn by applicants on furnishing undertaking to the effect that the amount would be paid back / deposited by them in this court within a period of three months from the date of decision in the appeal, if it goes adverse to their interest.

6.

It is made clear that the applicants are allowed to withdraw only fifty per cent of the total amount deposited as referred to above.

7.

Civil application stands granted in aforesaid terms and is disposed of.

SUNIL P. DESHMUKH, JUDGE pnd/-