Rani Ganesh Gite And ORS v. Rangnath Umaji Gite And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 14241 OF 2016 IN FAST/18062/2016 WITH CA/10602/2016 IN FAST/18062/2016 WITH CA/10604/2016 IN FAST/18062/2016 RANI GANESH GITE AND ORS

VERSUS

RANGNATH UMAJI GITE AND ANR ...

Advocate for Applicants : Mr. Tambe Rahul A.

Mr. A. B. Kadethankar, Adv. For R/2.

----- CORAM : P.R.BORA, J.

DATE :

th October,2016.

PER COURT :

1) Heard.

The insurance company has challenged the impugned Award on the ground of liability as well as quantum.

2) After having considered the submissions, I deem it appropriate to pass the following order, -

ORDER

i) The applicants are permitted to withdraw sum of Rs.20,00,000/- from the deposited amount on submitting an undertaking that, in the event any adverse order is passed against them in the appeal, they will re-deposit the amount within four months of passing such order;

ii) The Balance amount be invested in a Fixed Deposit Receipt in any Nationalized Bank, till disposal of the appeal.

iii) The amount so permitted to be withdrawn be transmitted to the Motor Accident Claims Tribunal, at Shrirampur so as to facilitate withdrawal of the said amount by the original claimants.

The claimants to submit the undertaking as directed by this Court before the said Tribunal.

iv) The Civil Applications for withdrawal of the amount is disposed of.

(P.R.BORA) JUDGE bdv/