Sumanbai Ramdas Gavhane And ORS v. The New India Assurance Co. Ltd. Thr Its Auth. Signatory Ravikant Rajendra Yadav And ANR

944 ca7860.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 7860 OF 2017 IN FA/1751/2017 WITH CA/8128/2017 IN FA/1755/2017 SUMANBAI RAMDAS GAVHANE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. THR ITS AUTH. SIGNATORY RAVIKANT RAJENDRA YADAV ...

Advocate for Applicants : Mr. Shinde Chandrakant K. Advocate for Respondents : Mr. M.M. Ambhore .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicants submits that the applicants may be permitted to withdraw 75% of the amount out of the amount deposited in this Court. Learned counsel for the respondent insurer submits that the respondent insurer has raised specific plea of contributory negligence and also challenged the quantum of compensation as awarded by the Tribunal.

3.

In view of the above submissions and considering the dependency of the claimants, the applicants in all these applications are permitted to withdraw the compensation amount to the extent of 50% alongwith accrued interest on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. Both civil applications are disposed of.

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