Mohan Ratan Pandav v. M/S Oriental Insurance Co. Ltd. And Others

1134.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

1134 CIVIL APPLICATION NO. 11815 OF 2015 IN FAST/13136/2015 MOHAN RATAN PANDAV

VERSUS

M/S ORIENTAL INSURANCE CO.LTD. AND OTHERS ...

Advocate for Applicants : Mr. Tambe Rahul A.

Advocate for Respondents : Mr. V N Upadhye ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

16th October, 2015 PER COURT :

1.

This is an application for withdrawal of the amount. Learned counsel opposes the application on the ground that the driver was not holding valid licence and excess passengers were being carried.

2.

Considering the award passed, I pass following order:

ORDER

i.

The applicant is permitted to withdraw 75% of the amount deposited on furnishing undertaking to this Court that in case applicant is directed to deposit the amount, the applicant will deposit the amount within one month.

ii.

The applicant is allowed to withdraw further 1/2

1134.doc 25% amount on furnishing solvent surety/ security of the like amount.

iii. Cheque shall be issued in the name of the applicant. However, wife of the applicant is entitled to receive the cheque, which would be in the name of the applicant.

iv.The civil application disposed of.

( S. V. GANGAPURWALA, J. ) JPC 2/2