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Bombay High CourtCA/12201/2018disposed offdismissed for default

Rohini Rajendra Kasar And Another v. The New India Assurance Co. Ltd. And Another

2019-07-31Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(Order) (1) C.A. No. 12201 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 12201 of 2018 (In First Appeal No. 0469 of 2013) District : Jalgaon Smt. Rohini Rajendra Kasar & another.

.. Applicants.

versus The New India Assurance Company Ltd., Through its Senior Divisional Manager, Adalat Road, Aurangabad & another.

.. Non-applicants.

...........

Mr. M.M. Bhokarikar, Advocate, for the applicants. Mr. S.G. Chapalgaonkar, Advocate, for non-applicant no.01.

...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 31ST JULY 2019 ORDER :

01.

By the present application, applicants - original claimants are seeking withdrawal of the entire amount deposited in this Court in the appellant - Insurance Company, by modifying the order dated 29-11-2013 passed in Civil Application No. 6745 of 2013.

02.

Since First Appeal No. 469 of 2013 filed by

(Order) (2) C.A. No. 12201 of 2018 the appellant - Insurance Company is dismissed, the applicants are entitled to receive the entire amount of compensation deposited by the Insurance Company. 03.

Hence, the civil application is allowed. The order dated 29-11-2013 passed in Civil Application No. 6745 of 2013 is modified, to the extent that the applicant no.01 herein is permitted to withdraw the entire amount of compensation deposited by the appellant - Insurance Company. ( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA12201.18