Mirabai Vishnu Jadhav And ORS v. New India Assurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 11285 OF 2017 IN FA/953/2011 MIRABAI VISHNU JADHAV AND ORS

VERSUS

NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Mayure Pramod C. Advocate for Respondent No. 1 : Mr. D.P. Deshpande. Advocate for Respondent No. 2 : Mr. R. L. Chhabda.

CORAM

: K. L. WADANE, J.

DATE :

21st September, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation deposited in this Court.

2.

Learned counsels appearing for both the sides have submitted that the insurance company has deposited the total amount of compensation in this Court to the tune of Rs. 4,53,000/- and as per the order of this Court passed on 05.10.2012, the applicant No. 1 was permitted to withdraw an amount of Rs. 1,00,000/-. Now, this application is moved by the applicants No. 2 to 4 to permit them to withdraw the amount of compensation. When the order of this Court was passed on 05.10.2012 the claimants No. 2 to 4 were minor.

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Learned counsel for the applicants submits that now the applicants No. 2 to 4 have attain the majority. Therefore, they may be permitted to withdraw the amount of compensation.

4.

In view of the above, the applicants No. 2 to 4 are permitted to withdraw the amount of Rs. 1,50,000/- out of the total compensation amount on undertaking that in case, any adverse orders are passed in the appeal, then they shall deposit the amount of compensation in this Court within a period of 12 weeks. 5.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2