Silabai Kaduba Binniwale And ORS v. The New India Assurance Co. Ltd. And ORS

954 ca 720.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO. 720 OF 2017 IN FA/1366/2016 SILABAI KADUBA BINNIWALE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Dhage Babasaheb V ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

The learned counsel for the applicants submits that, the bread winner of the family met with an accidental death and there is no independent source of income to the applicants and they have not received any amount so far except N.F.L. The learned counsel for the respondent insurer strongly resisted the application. 2.

Considering the challenge made to the judgment and award passed by the tribunal and for the reasons stated in the application, the applicants are permitted to withdraw 50% of the amount deposited before this court on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

3.

Place the matter for admission in the week commencing from 13.02.2017.

(V.K. JADHAV) JUDGE mub