Jijabai Balaji Kalewad And Others v. Bajaj Allianz General Insurance Co. Ltd, Aurangabad And Another

ca11263-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11263 OF 2014 IN AND WITH FIRST APPEAL NO. 1183 OF 2014 (Jijabai Balaji Kalewad and others Vs. Bajaj Allianz General Insurance Co. Ltd., Aurangabad and another) ---- Mr. Mahesh P. Kale, Advocate for the applicants in the application and for respondents No. 1 to 5 in the first appeal.

Mr. S.G. Chapalgaonkar, Advocate for the respondent No.1 in the application and for the appellant in first appeal ---- CORAM : M.T. JOSHI, J.

DATE : 09/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Considering the challenge in the present first appeal, the applicants are allowed to withdraw 50% of the amount deposited in this Court alongwith the proportionate interest thereon, upon executing an undertaking that in case any order adverse to their interest is passed, they would refund the amount now allowed to be withdrawn within a period of four months from the date of such order. The separate cheques be

ca11263-14 issued to the applicants, as per their proportionate share, as detailed in the impugned award by the learned Member, Motor Accident Claims Tribunal.

.

The civil application accordingly stands allowed and disposed of.

3.

As regards first appeal, admit. Print of the paper-book is dispensed with. Learned counsel Mr. M.P. Kale waives service of notice for respondents No. 1 to 5 after admission of the appeal.

[M.T. JOSHI] JUDGE npj/ca11263-14