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Bombay High CourtCA/10608/2016admittedallowedgrantedrule absolute

Shalanbai Suresh Salgar And Others v. Reliance General Insurance Co. Thr Its Manager And ANR

2016-09-30Hon'Ble Shri Justice P.R. Bora2 pages

957 ca 10608.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 10608/2016 IN FA/3082/2016 SHALANBAI SURESH SALGAR AND OTHERS

VERSUS

RELIANCE GENERAL INSURANCE CO. THR ITS MANAGER ...

Advocate for Applicant : P.S.Chavan Advocate for Respondents : P.S. Chavan ...

CORAM : P.R. BORA, J.

DATE : 30-09-2016.

Per Court :

1.

By filing the present application the original claimant nos.1, 5 and 6 have sought the withdrawal of the total amount of 35% as has been awarded to their share by the tribunal. Learned counsel for the appellant-insurance company has opposed for allowing the application stating that the quantum is seriously disputed by the appellant-insurance company for valid reasons. Considering submissions so made, I deem it appropriate to pass the following order:

ORDER

i) The application is partly allowed.

ii) At present, applicant no.1. is permitted to withdraw 15% of the total amount deposited by the insurance company and the applicant nos. 5

957 ca 10608.16.odt and 6 are jointly permitted to withdraw 10% of the total from the deposited amount.

iii) Remaining amount shall be invested in Fixed Deposit Receipts in any Nationalised Bank, initially for a period of two years and to be renewed if so required for a further period till disposal of the appeal.

iv) Civil application disposed of.

(P.R. BORA) JUDGE mub