Jaishree Ratnadeep Pardeshi And ORS v. United India Insurance Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.4134 OF 2016 IN FA/669/2005 JAISHREE RATNADEEP PARDESHI AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Mr. Adkine S.K.

Mr.Mohit Deshnmukh, Adv. h/for Mr. SG Chapalgaonkar, Adv. For Resp.no.1;

Mr. RR Shaikh, Adv. For Resp.Nos. 2 & 3.

----- CORAM :

P.R.BORA, J.

DATE :

1 st April,2016.

PER COURT :

1) Leave to amend. Amendment be carried out forthwith.

2) Though the present application was initially filed seeking withdrawal of the amount only Rs.2,00,000/-, the applicants have amended the said application and now are seeking withdrawal of the entire amount deposited by the Insurance Company in terms of the order passed by the Motor Accident Claims Tribunal (for short, the Tribunal) 3) The learned Counsel for the insurance

company has informed that in the First Appeal, the amount was deposited by the Insurance Company as per the directions given by this court. It is further informed that now the appeal has been finally decided and the same has been dismissed. Thus, now the applicants are entitled to claim the entire amount so deposited in the Court and the application filed by them deserves to be allowed.

4) In view of the above, the applicants are permitted to withdraw the amount deposited in this Court in terms of the order dated 6.4.2005 passed by the Tribunal in MACP No. 535/2001 at Aurangabad.

5) The Civil Application is allowed and disposed of.

(P.R.BORA) JUDGE bdv/