Sayyed Gulab Sayyed Amin And ANR v. Gorakh Panditrao Ubhedal And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO.14086 OF 2019 IN FAST/7423/2019 SAYYED GULAB SAYYED AMIN AND ANR

VERSUS

GORAKH PANDITRAO UBHEDAL AND ORS ...

Advocate for Applicants : S.S.Dargad h/f Deshmukh Mohit R. Adv.Abhijit G. Choudhari For R/3 ...

CORAM : MANGESH S. PATIL, J.

DATE : 04.12.2019 P.C. :- Heard both the sides. The learned advocate for the insurance company opposes the application. He submits that there is dispute about contribution since deceased was riding the motor cycle and the offending vehicle is a pickup van. He further submits that there was no concrete evidence before the Tribunal to even notionally hold income of the deceased to be Rs.9000/- p.m. 2] Having considered the entire judgment and award, in the peculiar facts and circumstances, in my considered view the applicants original claimants can only be allowed to withdraw 60% of the amount of compensation deposited in this Court by furnishing usual undertaking. The application is accordingly allowed and disposed of.

[MANGESH S. PATIL, J.] umg/