Karbhari Santaram Kande And Another v. The Oriental Insurance Co. Ltd. And Others

(1) C. A. No. 7340 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 7340 of 2015 (In First Appeal Stamp No. 17043 / 2011) Karbhari Santaram Kande, Age : 52 years, Occupation : Agriculture, R/o. Jirewadi, Taluka : Parli-V., .. Applicants District : Beed, (Original respondent & another.

nos.1 and 2) versus The Oriental Insurance Company Ltd., .. Non-applicants Divisional Office at Aurangabad, (No.1 - Original appellant Through its Branch Manager, & & 2 others.

Nos.2 & 3 - Original respondent) .........................

Mr. T.G. Gaikwad, Advocate, for the applicants. Mr. A.G. Kanade, Advocate, for non-applicant no.1. ..........................

CORAM : A.V. NIRGUDE, J.

DATE : 21ST JULY 2015 PER COURT :

1.

Heard.

(2) C. A. No. 7340 of 2015 2.

By this application, the original claimants - respondent nos.1 and 2 in the First Appeal, are seeking withdrawal of 50 % amount of compensation deposited by non-applicant no.1 (appellant) - Insurance Company.

3.

Having regard to the facts of the case and the defence taken by the appellant - Insurance Company, this request can be allowed. 4.

Hence, the Application is allowed. 50 % amount of compensation deposited by the appellant - Insurance Company, in this Court, shall be handed over to the applicants (respondent nos.1 and 2 in the First Appeal).

5.

The Civil Application is accordingly disposed of. ( A.V. NIRGUDE ) JUDGE ................................

Puranik/ CA7340.15