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Bombay High CourtCA/14063/2015disposed offdismissed for default

Suchita Satish Gundare And Others v. The New India Assurance Co. Ltd. Thr Its Manager And Others

2016-01-20Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 14063.2015 IN F.A. 1309.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14063 OF 2015 IN FIRST APPEAL NO. 1309 OF 2015 Suchita Satish Gundare & Ors. ..... APPLICANTS V E R S U S The New India Assurance Co. Ltd.

& Ors. .... RESPONDENTS .....

Mr. V.D.Gunale, Advocate for Appellant.

Mr. M.M.Ambhore, Advocate for R.No. 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 20th JANUARY, 2016 ORAL ORDER :- .

This application is filed in respect of the death by the widow, 2 major sons and the parents of the deceased.

2.

The deceased was getting fixed income. The Tribunal has deducted 1/4th amount for personal expenses. Learned counsel for the insurance company submitted that 2 major sons who are Doctors, are also considered as dependents. Total amount of ` 44.02 Lacs is awarded as compensation by the Tribunal.

2 C.A. 14063.2015 IN F.A. 1309.2015.odt 3.

In view of the facts and circumstances of the case, this Court holds that permission can be given to withdraw ` 30,00,000/- [Rupees Thirty Lacs] with interest subject to the undertaking that the amount will be deposited with the same rate of interest. 4.

Disbursement is to be made as per the Award made by the Tribunal.

5.

In these terms, Civil Application stands disposed of.

[T.V.NALAWADE, J.] KNP/C.A. 14063.2015 IN F.A. 1309.2015.odt