Mahadeo Pralhad Barkul And ANR v. United India Insurance Company Ltd And ANR

CA 3214.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 3214 OF 2016 IN FA/1438/2011 MAHADEO PRALHAD BARKUL AND ANR

VERSUS

UNITED INDIA INSURANCE COMPANY LTD AND ANR ...

Advocate for Applicants : Mr S A Ambad Advocate for Respondents : Mr S S Rathi ...

CORAM : V.K. JADHAV, J.

Dated: March 15, 2016 ...

PER COURT :- 1.

Heard both sides.

2.

As per the order passed by this Court in civil application no.732/2011, the applicants have already withdrawn 50% of the amount. By filing present application, the applicants are seeking permission to withdraw the remaining amount of compensation. 3.

Learned counsel for respondent opposes the request on the ground that statutory defence has been raised by the appellant-insurer.

CA 3214.2016.odt 4.

However, considering the age of the applicants and the prevailing drought situation in the area as contended by the learned counsel for the applicant, the applicants are permitted to withdraw Rs.75,000/- (Rs. Seventy Five Thousand Only) out of the compensation amount deposited before this Court.

5.

Civil Application accordingly disposed of.

( V.K. JADHAV, J. ) ...

aaa/-