Kamalbai Sandu Ghusale And Others v. United India Insurance Company Ltd. And Others

(1) C. A. No. 11802 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 11802 of 2015 (In First Appeal No. 1262 of 2015) Kamalbai wd/o. Sandu Ghusale & 4 others.

.. Applicants.

versus United India Insurance Company Ltd., Through its Divisional Manager, Divisional Office at Seven Hills, Corporation Colony, 1st Floor, C.S. No. 12373, Jalna Road, Aurangabad, & 2 others.

.. Non-applicants.

.........................

Mr. Santosh S. Naik, Advocate, for the applicants. Mr. S.G. Chapalgaonkar, Advocate, for non-applicant no.1. Mr. R.V. Gore, Advocate, for non-applicant nos.2 and 3. ..........................

CORAM : A.M. BADAR, J.

DATE : 16TH NOVEMBER 2015 PER COURT :

1.

This is an application by respondent nos.1 to 5 for disbursement of amount under award passed by the learned Member of the Motor Accident Claims Tribunal, Aurangabad, by the impugned judgment and order.

(2) C. A. No. 11802 of 2015 2.

Heard the learned Counsel appearing for the parties and perused the impugned award.

3.

The appeal is already admitted for final hearing. I see no impediment in disbursement of amount in terms of the award as the parties have reported that the amount under award is already deposited in this Court.

4.

Hence, I pass the following order :- (a) The amount deposited by the appellant towards compensation under the award be disbursed in terms of award dated 2-3-2015, passed by the learned Member of the Motor Accident Claims Tribunal, Aurangabad, in M.A.C.P. No. 420/2011.

(b) The amount to be paid by cheque be disbursed to concerned respondents / original claimants only on giving undertaking that in the event of allowing of the appeal, they will re-deposit the same within a period of two months.

5.

Civil Application is accordingly disposed of. ( A.M. BADAR ) JUDGE ................................

puranik / CA11802.15