Kadubai Namdeo Tayde And Others v. Icici Lombard General Insurance Co. Ltd.

1 ca 13279.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13279 OF 2015 IN FIRST APPEAL NO. 234 OF 2014 Kadubai Namdeo Tayde and other .. Applicants

Versus

ICICI Lombard General Insurance Co. Ltd.

.. Respondent Shri Shivji K. Shirse, Advocate for Applicants. Shri V. N. Upadhye, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J.

DATE : 16TH OCTOBER, 2015.

PER COURT :

.

Heard Mr. Upadhye, the learned counsel for the Insurance company, who opposes the application. It is not disputed that, the Insurance Company has accepted the liability to the extent of Rs. 2,00,000/­. As such, there would be no impediment to allow the withdrawal atleast of Rs. 2,00,000/­.

2.

In the light of the above, I pass the following order. 3.

The applicants are allowed to withdraw Rs. 2,00,000/­ (Rs. Two Lacs only) in proportionate as awarded by the Tribunal. The aspect withdrawal of remaining amount deposited by the

2 ca 13279.15 Insurance Company would be considered at the time of admission of appeal.

[ S. V. GANGAPURWALA, J. ] bsb/Oct. 15