Jagruti Milind Naik And Another v. National Insurance Company Ltd. And Others

1 CA 11139/2015 group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.11139 of 2015 In First Appeal No.1823 of 2014 With Civil Application No.11140 of 2015 In First Appeal No.1825 of 2014 With Civil Application No.11365 of 2015 In First Appeal No.1822 of 2014 Jagruti Milind Naik And Another.

.. Applicants.

Versus

National Insurance Co. Ltd Jalgaon & Others.

.. Respondents.

-------- Shri. Vinod Y. Bhide, Advocate, for the applicants. Shri. A.B. Kadethankar, Advocate, for respondent No.1. Shri. Sk. Naseer, Advocate, for the respondents 2 & 3. ---------- CORAM: T.V. NALAWADE, J.

DATE : 7th JANUARY 2016 ORDER:

1) In Civil Application No.10365/2015 in First Appeal No.1822/2014 there is objection of the Insurance Company. It is submitted that the Tribunal has not

2 CA 11139/2015 group deducted any amount towards personal expenses and due to that more amount is given and after deduction the amount comes to Rs.11,11,680/-. In view of this objection and as this Court has gone through the judgment, this Court holds in that matter the disbursement can be allowed only of the amount of Rs.11,11,680/-. There is no such dispute in other two matters.

2) So, Civil Application No. 10365/2015 in First Appeal No.1822/2014 is partly allowed to the extent of Rs.11,11,680/- and other two applications are allowed. Disbursement is to be made as per the award. The claimants are to give undertaking before withdrawal of the amount. List the matters after receipt of the record and proceeding.

Sd/- (T.V. NALAWADE, J. ) rsl