Bharti Balasaheb Lambe And Others v. The New India Assurance Co. Ltd. Thr Its Manager Legal Hub Sharda Ashok Mandvekar And Others

{1} 933 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15915 OF 2015 IN FA/1230/2015 BHARTI BALASAHEB LAMBE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. THR ITS MANAGER LEGAL HUB SHARDA ASHOK MANDVEKAR ...

Advocate for Applicants : Mr. Sadashiv S. Shete Advocate for respondent No.1 : Mr. M.M. Ambhore Advocate for respondent Nos. 2 to 4 : Mr. N.B. Narwade. CORAM : A.M. BADAR, J.

DATE : 8th DECEMBER,2015.

PER COURT:

1] Heard the learned counsel appearing for the Applicant/original claimants and the learned counsel for the Non applicant No.1- Insurance Company.

2] By this application, Appellants - original claimants are seeking withdrawal of the amount as per the award passed by the learned Motor Accident Claim Tribunal, Ahmednagar. The award is regarding death claim. Applicants are dependent legal representatives. Learned counsel for the applicants submits that applicants are only seeking withdrawal of half of the amount under the Award.

3] The learned counsel for the non-applicant - Insurance Company submits that by directing applicants to furnish solvent security they be permitted to withdraw the amount of Award.

4] Considering the fact that the amount is deposited towards compensation on account of death of one Balasaheb Bhausaheb Lamb,

{2} 933 sr. no..odt applicants are permitted to withdraw half of the amount under the Award on furnishing personal undertaking that in the event of allowing the appeal they shall refund the amount withdrawn by them within a period of one month. 5] The amount so permitted to withdraw shall be withdrawn as per the order regarding apportionment and disbursement passed by the learned member, MACT, Ahmednagar.

6] Civil application stands disposed of.

[A.M. BADAR, J] grt/-