Shahaji Dnyandeo Adsul And ORS v. New India Assurance Co. Ltd. Thr Its Div. Manager, Aurangabad And ANR
{1} ca3249-18 drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 3249 OF 2018 IN FIRST APPEAL STAMP NO.1250 OF 2017 Shahaji Dnyandeo Adsul and Others APPLICANTS
VERSUS
New India Assurance Co. Ltd., and Another RESPONDENTS .......
Mr. Mahesh R. Sonwane, Advocate for applicants Mr. M. S. Deshmukh h/f Mr. S. G. Chapalgaonkar, Advocate for respondent No.1 .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 16 th MARCH, 2018 ORDER :
1.
Heard learned advocates for the parties.
2.
Accident had taken place in 2007. Applicants' bread earner had been lost in the incident. The applicants are facing difficulties. They have not received any amount beyond no fault liability compensation. The applicants submit that they are in dire need of money for day to day expenses.
3.
Learned advocate for the respondent - appellant submits that the applicants may not be entitled for the compensation
{2} ca3249-18 awarded by the tribunal and as such, opposes the request being made under the civil application seeking withdrawal of the amount deposited in this court.
4.
Having regard to facts and circumstances and looking at that as on the date decision of the tribunal is in favour of the applicants and their concerns and need expressed by them do not appear to be unwarranted, it would be expedient to allow the applicants to withdraw 75% of the amount deposited along with interest accrued thereon. Fifty percent of the amount deposited be withdrawn on furnishing an undertaking to the effect that in case the appeal is decided against the interest of the applicants, they would deposit the amount so withdrawn within a period of three months from the date of such decision. Twenty five percent of the amount deposited shall be allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial).
5.
Civil application stands disposed of.
[SUNIL P. DESHMUKH, J.] drp/ca3249-18