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Bombay High CourtCA/10419/2017disposed offdismissed for default

Vilas Vitthal Katre And ORS v. United India Insurance Co. Ltd. Thr Its Authorized Signatory, Aurangabad And ANR

2017-08-09Hon'Ble Shri Justice K.L. Wadane2 pages

916.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 10419 OF 2017 IN FA/1431/2017 VILAS VITTHAL KATRE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD. THR ITS AUTHORIZED SIGNATORY, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Shinde Manoj D. Advocate for respondent No. 1 : Mr. S.G. Chapalgaonkar. Advocate for respondent NO.2 : Mr. S.N.Rodge.

CORAM

: K. L. WADANE, J.

DATE :

9th August, 2017 ORDER:

1.

Heard learned counsel appearing for the applicants and learned counsel appearing for the respondent No.1.

2.

Learned counsel for respondent No. 1 opposes the application on the ground that, in the appeal there are various grounds, amongst them, one is improper multiplier applied in this case, secondly; the deductions are not properly considered and thirdly; addition of the 50 % amount towards future prospectus. Therefore, the learned counsel appearing for the respondent No. 1 has objection to pay the entire amount of compensation.

3.

Looking to the arguments advanced by the 1/2

916.odt respondent No. 1, at least 60 % amount of the compensation deposited in this Court, can be paid to the applicants.

4.

Hence, application is allowed. The applicants are entitled to withdraw an amount to the extent of 60 % from the total amount deposited in this case. 5.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2