Mangal Vitthal Wagh And Others v. Reliance General Insurance Company Ltd. And Others

CA11752.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11752 OF 2015 IN FIRST APPEAL NO. 1357 OF 2015 MANGAL VITTHAL WAGH AND OTHERS

VERSUS

RELIANCE GENERAL INSURNACE COMPANY LTD. AND OTHERS ........

Mr C. K. Shinde, Advocate for the applicants Mr S. G. Chapalgaonkar, Advocate for respondent No. 1 ..........

CORAM :

S. V. GANGAPURWALA, J.

DATE : 11TH SEPTEMBER, 2015.

PER COURT:

.

This is an application for withdrawal of the amount. 2.

Mr Chapalgaonkar, learned Counsel for respondent No. 1, opposes the application on the ground that the exorbitant amount has been granted by the Tribunal without considering the age of the deceased. Even future prospects has been considered. The deceased was on the verge of retirement.

3.

Considering the award passed, I pass the following order.

ORDER

(i) The applicants No. 1 to 3 are allowed to withdraw 50% of the amount deposited on submitting an undertaking to this Court that in the event this Court directs them to deposit the

CA11752.2015.odt amount, they will redeposit the amount within a period of one month from the date of such order.

(ii) The applicants No. 1 to 3 are allowed to withdraw 25% of the amount on submitting solvent security / surety of the like amount.

Civil Application is accordingly disposed of. [ S. V. GANGAPURWALA, J. ] sgp