Sakharbai Sheshrao Chavan And ORS v. Icici Lombard General Insurance Company Ltd Mumbai And Another

CA-12749-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12749 OF 2014 IN FIRST APPEAL NO. 1740 OF 2013 Sakharbai Sheshrao Chavan and others .. Applicant

VERSUS

I.C.I.C.I. Lombard General Insurance Company Ltd. Through General Manager and anr.

.. Respondents ---- Mr. A.T. Kanawade, Advocate and Mr. S.S. Dev, Advocate for the applicants Mr. R.H. Dahat, Advocate and Mr. S.S. Patil, Advocate for respondent no.1 ---- CORAM : M.T. JOSHI, J.

DATE : 23/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Upon considering the challenge in the present appeal and finding that the learned Member of Motor Accident Claims Tribunal is yet to pass the order regarding the investment for securing the future of the widow as well as the minors, the applicants are allowed to withdraw an amount of Rs.2,00,000/- (Rs. Two Lakhs) with proportionate interest, upon execution of an undertaking that in case any order adverse to their

CA-12749-2014 interest is passed, they would re-deposit the said amount within a period of four (4) months from the date of the said order.

3.

Civil Application no. 12749 of 2014 seeking withdrawal of amount accordingly stands disposed of. 4.

Civil Application no.1809 of 2015 seeking extension of time to deposit the amount, is already disposed of vide order dated 10/02/2015. Office therefore to note.

[M.T. JOSHI] JUDGE arp/