Master Haridas Balasaheb Dange Thr Guardian Mother Sarlabai Balasaheb Dange v. Bansi Nana Chaudhari And ANR

26+9WM.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 6463/2017 IN FA/1975/2017 WITH CA/6455/2017 IN FA/1976/2017 WITH CA/6457/2017 IN FA/1977/2017 WITH CA/6462/2017 IN FA/1978/2017 WITH CA/6458/2017 IN FA/1979/2017 WITH CA/6461/2017 IN FA/1981/2017 WITH CA/6464/2017 IN FA/1982/2017 WITH CA/6460/2017 IN FA/1983/2017 WITH CA/6456/2017 IN FA/1984/2017 WITH CA/7258/2017 IN FA/2854/2017 ANITA @ MANISHA TUKARAM MALI AND ANOTHER

VERSUS

BANSI NANA CHAUDHARI AND ANR.

...

Advocate for Applicants : Mr. Lex Aquila.

Advocate for Respondent No. 1 : Mr. R. K. Temkar Advocate for Respondent No. 2 : Mr. S.G Chapalgaonkar.

CORAM

: K. L. WADANE, J.

DATE :

18th December, 2017 ORDER:

1.

Heard learned counsel for the applicants and learned counsel appearing for the respondent No. 2/ Insurance Company.

2.

Learned counsel for respondent No. 2/insurance company submits that, the appeals are presented on the ground that the insurance company is not liable to pay compensation as all the injured/deceased were travelling in a goods vehicle as unauthorized passengers.

3.

Learned counsel for the applicants submits that, this issue has been properly determined by the learned Tribnal.

1/2

26+9WM.odt 4.

At present the Award is in favour of the applicants/claimants. Therefore, I am of the opinion that, at this stage 50% amount of compensation can be paid to the applicants.

5.

Applications for withdrawal of amount are allowed.

6.

Applicants in respective applications are permitted to withdraw 50% amount of compensation together with accrued interest thereon on condition that if any adverse orders are passed in appeals, they shall redeposit the amount in this Court within a period of 12 weeks.

7.

Civil Applications are disposed of.

(K. L. WADANE, J.) mkd 2/2