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Bombay High CourtCA/7028/2015admittedallowedgrantedrule absolute

Rifan Syed Zameer And Another v. The Oriental Insurance Company Ltd. And Another

2015-07-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7028 OF 2015 IN FIRST APPEAL NO. 222 OF 2014 Rifan d/o Syed Zameer, Age: 22 years, Occ: Student, R/o. Near Kali Masjid, Old Jalna, Tq. & Dist. Jalna & ors ...Applicants versus The Oriental Insurance Company Ltd., Through Branch Office, Jalna, Dist. Jalna (now through the senior Divisional Manager, "Inder-prakash"

Adalt Road, Aurangabad & anr

...Respondents

.....

Mr. Mujahedul Haque, Advocate for applicants Mr. V.C. Patil, Advocate h/f Mr. S.M. Godsay, Advocate for respondent No. 1 .....

CORAM : N.W. SAMBRE, J.

DATE : 10th JULY, 2015 ORAL ORDER :

This Court, by an order dated 27/03/2015, has permitted the applicants in Civil Application No. 3116 of 2015 to withdraw the amount pursuant to the observations made in paragraph-4 of the order dated 14/10/2013 passed by Motor Accident Claims Tribunal, Jalna in Motor Accident Claim Petition No. 122 of 2010 ( M.A.C.P. No. 142/2010 is corrected to M.A.C.P. No. 122/2010).

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By way of present application, the applicants submits that original claimant Nos. 3 and 4 have attained majority and as such, they have moved present application.

3.

The above referred fact is not disputed by learned Counsel for the Insurance Company.

4.

In view thereof, the applicants are permitted to withdraw the amount of Rs.4,33,946/- (Rs. Four lac thirty three thousand nine hundred forty six only) along with interest accrued thereon, in equal four parts.

5.

The civil application stands disposed of.

[ N.W. SAMBRE, J. ] Tupe/10.07.15