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Bombay High CourtCA/9581/2017disposed offdismissed for default

Sharda Ganesh Karhile And ORS v. The Br. Manager The New India Assurance Co. Ltd, Ahmednagar And ANR

2017-08-11Hon'Ble Shri Justice K.L. Wadane2 pages

978.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 CIVIL APPLICATION NO. 9581 OF 2017 IN FA/1363/2017 SHARDA GANESH KARHILE AND ORS

VERSUS

THE BR. MANAGER THE NEW INDIA ASSURANCE CO. LTD, AHMEDNAGAR AND ANR ...

Advocate for Applicants : Tambe Rahul A.

Advocate for respondent No.1:Mr. Dhananjay P. Deshpande

CORAM

: K. L. WADANE, J.

DATE :

11th August, 2017 ORDER:

1.

Heard learned counsel for the applicant as well as learned counsel for the respondent Insurance company.

2.

This is an application for withdrawal of the amount of compensation deposited by the Insurance company in this Court. The learned counsel appearing for the Insurance company has objection to pay the entire amount since according to the learned counsel the amount awarded is at higher side and the learned Tribunal has not considered the legal aspects. 3.

In view of submissions of both the sides, I am of the opinion that at least 50% amount out of the total amount of compensation deposited in this Court 1/2

978.odt can be permitted to be withdrawn by the applicants. 4.

The applicants are permitted to withdraw 50% amount out of the amount of compensation deposited in this Court. The Civil application is disposed of. (K. L. WADANE, J.) JPC 2/2