Sunanda Kailash More And Others v. New India Assurance Co. Ltd., Aurangabad And Another

1 ca 11682.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11682 OF 2015 IN FIRST APPEAL NO. 1175 OF 2014 Sunanda Kailash More and others .. Applicants

Versus

New India Assurance Co. Ltd.

Aurangabad and another .. Respondents Shri Nirmal R. Dayama, Advocate for Applicants. Shri Mohit Deshmukh, Advocate h/f Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 1.

CORAM : S. V. GANGAPURWALA, J.

DATE : 11TH SEPTEMBER, 2015.

PER COURT :

.

This is an application for withdrawal of amount. The learned counsel for the Insurance Company opposed the application on the ground that the deceased himself was negligent. Though the claim U/Sec. 163-A of the M. V. Act is filed, the person who himself is negligent is not entitled for compensation.

2.

Considering the award passed, I pass the following order. 3.

The applicant No. 1 is allowed to withdraw an amount of

2 ca 11682.15 Rs. 2,00,000/- (Rs. Two Lacs only) on furnishing solvent security/surety of like amount. The applicant No. 5 is allowed to withdraw an amount of Rs. 45,000/- (Rs. Forty Five thousands only) on submitting solvent security/surety of like amount. The civil application is disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Sept. 15