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Bombay High CourtCA/12387/2017disposed offdismissed for default

Jyoti Ramesh Sonwane And ORS v. The New India Insurance Co. Ltd., Thr Its Branch Manager, Parbhani And ANR

2017-10-03Hon'Ble Shri Justice K.L. Wadane2 pages

ca12387.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12387 OF 2017 IN FAST/18614/2017 JYOTI RAMESH SONWANE AND ORS

VERSUS

THE NEW INDIA INSURANCE CO. LTD., THR ITS BRANCH MANAGER, PARBHANI AND ANR ...

Advocate for Applicants : Deshmukh Sachin S.

M. M. Ambhore For R/1 .....

CORAM : K.L.WADANE, J.

DATED : 3rd October, 2017 O R D E R :

Heard Mr. S.S.Deshmukh, learned counsel for the applicants and Mr. M.M.Ambhore, learned counsel for the insurance company.

2.

Mr. Deshmukh, learned counsel submits that the appeal is presented by the respondent/insurance company on the ground of contributory negligence amongst the concerned drivers. They have nothing to do with the compensation awarded to the claimants.

3.

Applicant no.6 appears to be minor.

Therefore, at this stage for the reasons stated in the application, applicant nos. 1 to 5 are

ca12387.17 permitted to withdraw 75 per cent of amount of compensation deposited in this Court by the insurance company.

4.

Hence, Civil Application is allowed. The applicant nos. 1 to 5 are permitted to withdraw 75 per cent amount along with proportionate interest out of the total compensation deposited in this Court.

5.

Civil Applications is disposed of.

(K.L.WADANE, J.) dbm