← Library
Bombay High CourtCA/9963/2018disposed offdismissed for default

Lankabai Bhaskar Kakde And ORS v. M/S Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ORS

2018-08-30Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) CA No.9963/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 9963 OF 2018 IN FIRST APPEAL (STAMP) NO. 21325 OF 2017 WITH CA/9335/2017 IN FAST/21325/2017 Lankabai Bhaskar Kakade & others.

Applicants.

Versus

M/s Shriram General Insurance Co. & others.

Respondents.

*** Ms. Savita Kakade, Advocate for the applicants. Mr. Mandar Deshmukh, Advocate holding for Mr. S.G. Chapalgaonkar, Advocate for respondent No.1. *** CORAM :

SUNIL K. KOTWAL,J.

Dated :

30th August 2018.

PER COURT :- .

Heard learned Counsel for the applicants. By filing this Application, the applicants seeks modification in the order passed by this Court allowing the then applicant Nos.1 to 5 to withdraw deposited compensation amount. This Court allowed applicant Nos.1 to 5 to withdraw 75 % amount subject to certain conditions.

(1) CA No.9963/2018 2.

During pendency of this matter, applicant No.5 Rambhau Keruba Kakade died due to old age. His death certificate is placed on record. The applicants seek permission to withdraw the above-said amount only by applicant Nos.1 to 4, who are the surviving legal representatives of the deceased applicant No.5. 3.

Learned Counsel for the Insurance Company has no objection for the same.

4.

Therefore, permission is granted to applicant Nos.1 to 4 to withdraw 75 % compensation amount deposited in the Court, subject to same conditions as imposed by this Court in the order of Civil Application No.3245 of 2018.

5.

Registrar (Judicial) to take necessary steps in this regard.

6.

The present Civil Application is disposed of accordingly. ( SUNIL K. KOTWAL) JUDGE vdd/