Lalita Prabhakar Dagade And Others v. The Reliance General Insurance Company And Others

1 ca 10274.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD CIVIL APPLICATION NO. 10274 OF 2015 IN FIRST APPEAL NO. 1083 OF 2015 Lalita Prabhakar Dagade and others .. Applicants

Versus

The Reliance General Insurance Co.

and others .. Respondents Shri Vaibhav B. Dhage, Advocate for Applicants. Shri Mohit Deshmukh, Advocate h/f Shri S. G. Chapalgaonkar, Advocate for Respondent Nos. 1 and 2.

CORAM :

S. V. GANGAPURWALA, J.

DATE :

28TH AUGUST, 2015.

PER COURT :

.

Present civil application is filed for withdrawal of the amount. The first appeal filed by the Insurance Company is not yet admitted, as one of the respondent is unserved.

2.

The appeal would at the most will be limited to the extent of quantum and the aspect of negligence. The applicants would be entitled for some amount, even if case of Insurance Company is accepted.

3.

Considering the above I pass following order. 4.

The applicants are allowed to withdraw Rs. 8,00,000/- (Rs. Eight

2 ca 10274.15 Lakhs only) in proportion as given by the Tribunal. The civil application is disposed of.

5.

The aspect of further withdrawal of the amount would be considered at the time of admission of the appeal. [ S. V. GANGAPURWALA, J. ] bsb/Aug. 15