Rakhma Ashok Chavan And ORS v. Balkrishna Masu Shinde And ANR

935.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 12996 OF 2017 IN FA/3324/2017 RAKHMA ASHOK CHAVAN AND ORS

VERSUS

BALKRISHNA MASU SHINDE AND ANR ...

Advocate for Applicants : Mr. Mayure Pramod C. Advocate for Respondent No. 2 : 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 deposited by the Insurance Company in this Court.

2.

Respondent No.2/insurance company opposes the application on the grounds; (i) involvement of the vehicle in the accident, (ii) quantum of compensation and (iii) 50 % addition in the income of the deceased for future prospects.

3.

Considering the objections/grounds raised by the appellant/insurance company, I am of the opinion, the applicants can be permitted to withdraw 60 % amount of compensation.

4.

Application is allowed.

1/2

935.odt 5.

The applicants are permitted to withdraw 60 % amount of compensation together with interest accrued, on undertaking that in case adverse orders are passed against the applicants, they shall redeposit the amount in this court within a period of 12 weeks from the date of order.

6.

Rest of the amount shall be invested in the fixed deposit receipt in 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