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Bombay High CourtCA/12989/2017admittedallowedgrantedrule absolute

Sangita Santosh Borude And ORS v. Bajaj Allianz General Insurance Co. Ltd., Ahmednagar (Thr Its Manager) And ORS

2017-10-11Hon'Ble Shri Justice K.L. Wadane2 pages

932.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO. 12989 OF 2017 IN FAST/7756/2017 SANGITA SANTOSH BORUDE AND ORS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., AHMEDNAGAR (THR ITS MANAGER) AND ORS ...

Advocate for Applicants : Mr. Sonwane Mahesh R. Advocate for Respondent No. 1 : Mr. S. G. Chapalgoankar

CORAM

: K. L. WADANE, J.

DATE :

11th October, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation.

2.

The application is opposed by the learned counsel for the insurance company on the ground that the evidence adduced by the claimants/applicants in reference to the earning of the deceased is not satisfactory.

3.

At present, the Award is in favour of the applicants. The applicants can be permitted to withdraw at least 60 % amount of compensation. 4.

Civil Application is allowed.

5.

The applicants are permitted to withdraw 60 % 1/2

932.odt amount of compensation along with accrued interest, on undertaking that in case, adverse orders are passed, the applicants shall redeposit the amount in this Court within a period of 12 weeks.

6.

Remaining amount of compensation shall be invested in the Nationalized Bank for a period of 13 months and shall be renewed thereafter from time to time as per the order of this Court.

7.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2