Mukta Sheshrao Awachar And Others v. Rana Tilakraj Birjlal Khurana And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9251 OF 2015 IN FIRST APPEAL ST.NO.12147 OF 2014 Mukta w/o Sheshrao Awachar & others Applicants

Versus

Rana Tilakraj Birjlal Khurana & another Respondents Mr.K.B.Jadhav, advocate for applicants Mr.A.B.Gatne, advocate for Respondent No.2.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 07th August, 2015 PER COURT:

This is an application by claimants seeking withdrawal of amount.

It is informed that an amount of Rs.11,95,869/- has been deposited by the Insurance Company. The Motor Accident Claims Tribunal has permitted applicants no.5 & 6 herein (original Respondents No.5 and 6) - parents of the deceased to withdraw a sum of Rs.1,00,000/- (Rs.One lakh) each. As such, we permit applicants no.5 & 6 herein to withdraw a sum of Rs.1,00,000/- (Rs.One lakh) each out of the amount deposited by the Insurance Company on the condition of tendering an undertaking to this Court that in the event of success of appeal, they will redeposit the amount in this Court within a period of twelve weeks from such decision.

{2} ca925115.odt We permit applicant no.1 - wife of deceased to withdraw a sum of Rs.4,00,000/- on the condition of tendering an undertaking to this Court that in the event of success of appeal, she will redeposit the amount in this Court within a period of twelve weeks from such decision.

The balance of amount of Rs.5,95,869/- shall be invested in Fixed Deposit in Nationalised Bank initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter for the period until disposal of appeal. Civil Application stands disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca925115