Nanda Subhash Netke And ORS v. Bajaj Allianz General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 11491 OF 2018 IN FA/1131/2018 WITH CA/4235/2018 IN FA/1131/2018 NANDA SUBHASH NETKE AND ORS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABAD AND ...

Advocate for Applicants : Mr. Sikchi Aditya N. Mr. S. G. Chapalgaonkar For R/1.

...

CORAM : P.R. BORA, J.

Dated: September 14, 2018 ...

PER COURT :- 1.

Heard Shri Sikchi learned counsel for applicants and Shri Chapalgaonkar, learned counsel for respondent-insurance company.

2.

The insurance company has challenged the Award to the extent of award of non-pecuniary damages. Considering the objections so raised, I deem it appropriate to pass following order, -

ORDER

i) The applicants, at present, are permitted to withdraw a sum of Rs.6,50,000/- (Rupees six lakhs and fifty thousand) on submitting an undertaking to BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD the satisfaction of the Registrar of this Court. ii) Balance amount be invested in Fixed Deposit Receipt of any Nationalized Bank, initially for a period of one year and if so required till disposal of the appeal.

iii.

CA for withdrawal of the amount is disposed of.

3.

List the appeal for final disposal on 4th October, 2018.

( P.R. BORA, J. ) ...

BDV