Sheela Sudarshan Patil @ Sheela Gajanan Kadam And ORS v. United India Insurance Co. Ltd. Thr Its Div. Manager, Aurangabad And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO.11167 OF 2019 IN FA/1876/2013 SHEELA SUDARSHAN PATIL @ SHEELA GAJANAN KADAM AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD. THR ITS DIV.

MANAGER,AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Kadam Gajanan G. and Bhapkar S.B. Advocate for Respondent : Mr. S. G. Chapalgaonkar.

CORAM

: MANGESH S. PATIL, J.

DATE : 05/12/2019 PER COURT :

While disposing of this First Appeal by the judgment and order dated 09.09.2015 this Court had allowed the original claimants to withdraw the amount deposited in this Court. It appears that the claimants till date have not come forward to withdraw the money. The Tribunal also had not apportioned the compensation amongst the claimants albeit it directed an amount of Rs. 1,50,000/- to be deposited in the name of claimant No. 2 who is a minor.

2.

By way of this application now the claimants are seeking apportionment in the ratio of 40 %, 30 %, 30 % for three claimants respectively. Since the claimant No. 2 is still minor the amount to which he is entitled to will have to be deposited in fixed deposit in any Nationalized Bank for a period of three years.

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The application is allowed. The applicants/claimants are allowed to withdraw amount in the ratio of 40 %, 30 %, 30 % respectively, however, the amount being withdrawn by the applicant No. 2 shall be deposited as a fixed deposit in the Nationalized Bank for a period of three years and the applicant shall produce a copy of the Fixed Deposit before the Tribunal. 4.

The amount shall be disbursed to the applicant/claimant No. 1 in her name as mentioned in prayer clause 'C'.

( MANGESH S. PATIL, J. ) mkd 2/2