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Bombay High CourtCA/13441/2021disposed off

Archana Anil Hase And ORS v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And ANR

2021-12-15Hon'Ble Shri Justice R. G. Avachat2 pages

931-CA-13441-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13441 OF 2021 IN FIRST APPEAL NO. 1326 OF 2021 Archana Anil Hase and others ... Applicants

Versus

The New India Assurance Co. Ltd. and others ... Respondents ....

Mr. V. Y. Bhide, Advocate for applicants Mr. M. M. Ambhore, Advocate for respondent No.1 Mr. A. N. Raut, Advocate for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 15th DECEMBER, 2021 PER COURT :- .

Heard.

2.

Perused the impugned judgment and award.

3.

The applicants are permitted to withdraw 60% of the amount under the impugned award with interest accrued thereon. The amount payable therefrom to the minor applicant be kept in fixed deposit. Claimant No.5 is no more. Applicant Nos. 1 and 2 be paid Rs.9,00,000/- (Rupees Nine Lakh) each with interest accrued thereon. Remaining amount be paid to respondent Nos.3 and 4,

(( 2 )) 931-CA-13441-2021 equally with interest accrued thereon. The share of minor applicant be kept in fixed deposit until he attain the age of majority and thereafter he may be permitted to withdraw the same without reference back to the Court.

4.

It is informed that the applicants are from Sangamner. It is difficult for them to come this Court.

5.

The amount payable to the claimants be transferred to the Tribunal for being paid them, there. The amount be disbursed as against undertaking to be submitted by applicant Nos. 1, 2 and 4. 6.

The civil application is accordingly disposed of. [ R. G. AVACHAT, J. ] SMS