Shobha Suresh Chavan And Others v. The New India Assurance Company Ltd. Aurangabad And Others

CA-13049-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13049 OF 2014 IN FIRST APPEAL NO. 1212 OF 2014 Shobha Suresh Chavan and others .. Applicants

VERSUS

The New India Assurance Company Ltd.

Aurangabad and others .. Respondents ---- Mr. M.M. Bhokarikar, Advocate for the applicants Mr. A.S. Usmanpurkar, Advocate for the respondent no.1 Mr. A.V. Patil, Advocate for respondent no.9 ---- CORAM : M.T. JOSHI, J.

DATE : 26/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Upon considering the challenge in the present appeal, liberty to withdraw 50% of the amount is hereby granted from the amount deposited in this Court in proportionate cash ratio, as has been directed by the learned Member of the Motor Accident Claims Tribunal, Jalgaon, upon execution of an undertaking that in case any order adverse to their interest is passed, they would refund the said amount within a period of four months from the said decision. The amount be disbursed

CA-13049-2014 by issuing separate cheques, except the applicant no.5, who has already died. Share of applicant no.5 would be given to her legal representatives, who are already on record.

3.

Civil Application accordingly stands disposed of.

[M.T. JOSHI] JUDGE arp/