Sunita Pramod Dete And ORS v. New India Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

{1} ca3241-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3241 OF 2018 IN FIRST APPEAL STAMP NO.34188 OF 2017 Sunita Pramod Dete and Others APPLICANTS

VERSUS

New India Insurance Co.Ltd., and Another RESPONDENTS .......

Mr. Prasanna D. Dadpe, Advocate for the 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.

Having regard to that the applicants do not appear to have received any amount beyond no fault liability compensation and looking at that about Rs.92,00,000/- have been deposited in this court and considering need expressed in the application, it would be expedient to allow the applicants to withdraw 50% of the amount deposited along with interest accrued thereon, subject to filing an undertaking to the effect that the applicants would deposit the amount within a period of three months in case

{2} ca3241-18 appeal is decided against their interest. Apportionment of the amount withdrawn shall be in the same proportion as directed by the tribunal. So far as apportionment of amount withdrawn in respect of minor is concerned, it should receive the same treatment as referred to in the award. In case any claimant has become major, he may be allowed to withdraw amount of his apportioned share.

3.

Civil application stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca3241-18