Meena Sunil Kasar And ORS v. Chandrabhan Bhausaheb Kapse And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 10898 OF 2018 IN FA/2536/2017 MEENA SUNIL KASAR AND ORS

VERSUS

CHANDRABHAN BHAUSAHEB KAPSE AND ORS ...

Advocate for Applicants : Mr. Shermale K.N.

Advocate for Respondent no.3 : Mr. S.G.Chapalgoankar .....

CORAM : SUNIL K. KOTWAL, J.

DATE : AUGUST 29, 2018 O R D E R :

Heard learned counsel for the applicants and the respondent.

2.

Learned counsel for respondent objected for withdrawal on the ground that involvement of the offending vehicle is not established and, therefore, no amount shall be permitted to be withdrawn.

3.

I have gone through the judgment passed by the Tribunal.

ca10898.18 4.

Out of the amount of compensation, Rs. 4 Lac (Rs. Four Lac) is to be invested in Fixed Deposit in the name of original claimant nos. 2 and 3. Therefore, amount of Rs. 8,99,636/- is available for withdrawal.

5.

Permission is granted to only withdraw Rs. 4 Lac (Rs. Four Lac) to the applicants, subject to condition that they shall file written undertaking in the Court within two weeks from the date of this order, that they shall re-deposit the said amount as and when directed by this Court.

6.

Civil Application is disposed of.

[SUNIL K. KOTWAL, J.] dbm