Seema Sk. Abdul Rahim And Others v. Iffco Tokyo General Insurance Co. Ltd. And ORS

ca3701.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3701 OF 2016 IN FA/68/2016 SEEMA SK. ABDUL RAHIM AND OTHERS

VERSUS

IFFCO TOKYO GENERAL INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Mr. Mayure Pramod C Advocate for Respondent No.1 : Mr. S.G. Chapalgaonkar .....

CORAM : V. K. JADHAV, J.

DATED : 1st APRIL, 2016 PER COURT:- 1.

Heard learned counsel for the applicants and the learned counsel for respondent No.1-insurer.

2.

In response to the order passed by this Court, respondent No.1-insurer has deposited entire amount under award. Learned counsel for respondent-insurer submits that the respondent insurer has challenged the award passed by the Tribunal on two grounds, firstly on the ground of quantum and secondly on contributory negligence on the part of deceased.

3.

In view of above submissions, applicants-original claimants are hereby permitted to withdraw 50% of the amount out of the amount deposited in this Court, on furnishing undertaking to the satisfaction

ca3701.16 -2of the Registrar (Judicial) of this Court. The amount shall be paid to the applicants-original claimants as per the apportionment made by the Tribunal.

4.

The remaining 50% amount shall be invested in fixed deposit in any Nationalized bank, initially for a period of three years. The fixed deposit shall be renewed thereafter from time to time. 5.

Civil application stands disposed of.

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