Sunita Satyawan Ghawate And ORS v. United India Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad

43.1 CA 15143 18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43.1 CIVIL APPLICATION NO. 15143 OF 2018 IN FA/3751/2018 SUNITA SATYAWAN GHAWATE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY AURANGABAD ...

Advocate for Applicants : Mr. Sabnis, h/f Mr. M.M. Kadtu. Advocate for Respondent : Mr. S.S. Dargad, h/f Mr. Chapalgaonkar S.G. CORAM : MANGESH S. PATIL, JJ.

DATE : 19/11/2019 PER COURT :

This is an application by the original claimants seeking withdrawal of amount of compensation deposited by the Insurance Company in this Court in terms of the impugned Judgment and Award. 2.

The learned advocate for the respondent/Insurance Company submits that there is a dispute about contributory negligence and the non pecuniary damages have been awarded exorbitantly and therefore the entire amount may not be allowed to be withdrawn. 3.

Considering the entire conspectus of the matter it would be appropriate to allow the original claimants to withdraw a lump sum of Rs.10,00,000/-(Rs.Ten Lakh) out of the amount deposited in this Court 1/2

43.1 CA 15143 18.odt which shall not adversely affect the claim of the minor claimants. 4.

The withdrawal shall be subject to furnishing usual undertaking.

5.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 2/2