Mogribai Jitendra @ Jitesh Vasave And Others v. M/S Shriram General Insurance Company Limited And Another

4565.15ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4565 OF 2015 IN FIRST APPEAL (ST.) NO. 14331 OF 2013 1.

Mogribai Jitendra @ Jitesh Vasave, Age: 24 years, Occ: Household, 2.

Priyanka Jitendra @ Jitesh Vasave, Age: 7 years, Occ: Student, 3.

Pramesh Jitendra @ Jitesh Vasave, Age: 5 years, Occ: Student, (No. 2 & 3 U/G of No.1 Mogribai) 4.

Diwani Ajabsing Vasave, Age: 57 years, Occ: Nil, 5.

Jirma Diwanji Vasave, Age: 52 years, Occ: Household, 6.

Suraj Diwanji Vasave, Age:18 years, Occ: Education, All R/o. 140, Nehru Housing Society, Deopur, Dhule, Taluka & Dist. Dhule.

...Applicants versus 1.

M/s. Shriram General Insurance Company Limited, through its Manager, Aurangabad.

2.

Neetesh Gamriya Gamit, Age: Major, Occ: Business, R/o. Narayanpur, Tq. Uchhal, District Tapi, Surat, Gujrat State.

...Respondents

.....

Mr. P.S. Patil, Advocate for applicants.

Mr. Mohit Deshmukh, Advocate h/f Mr. S.G. Chapalgaonkar, Advocate for respondent No.1.

.....

4565.15ca -2- CORAM : N.W. SAMBRE, J.

DATE : 18TH APRIL, 2015 ORAL ORDER :

In view of dismissal of first appeal, learned Counsel Mr. Patil, who appears for the claimants submits that the applicants be permitted to withdraw the entire amount deposited by the Insurance Company.

2.

It is informed by learned Counsel for the applicants that the entire amount is kept in fix deposit.

3.

Upon perusal of the contents of the application reflects that applicant Nos. 2,3 and 6 are minor and other applicants are major.

4.

In view thereof, 50% amount out of total amount deposited, is permitted to be withdrawn by the applicants. 5.

The civil application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/18.04.15