Sonali Nagesh Deshmane And 2 Others v. National Insurance Company Ltd Through Its Divisional Manager And Another

(1) 942 CA-16235.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO.16235 OF 2022 IN FA/1463/2022 SONALI NAGESH DESHMANE AND OTHERS

VERSUS

NATIONAL INSURANCE COMPANY LTD THROUGH ITS DIVISIONALMANAGER AND ANOTHER ...

Mr. Apparao Yenegure, Advocate for the applicants. Mr. V.N. Upadhye, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.12.2022.

ORDER:- .

Heard rival submissions. The applicants are seeking withdrawal of entire amount of compensation as deposited by the appellant - Insurance Company. The learned Counsel for appellant Insurance Company strongly opposed the application on the ground that driver of the offending vehicle was not having any driving licence and that the learned Tribunal applied multiplier of "17" instead of "15". In view of the same, following order is passed.

ORDER

(i) The applicants are permitted to withdraw 75% of the deposited amount alongwith the proportionate interest accrued thereon till date, at this juncture, by furnishing usual undertaking

(2) 942 CA-16235.2022.odt before the Registrar (Judicial) of this Court. The aforesaid amount be distributed amongst the applicants in equal proportion.

(ii) The remaining amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till final disposal of this appeal.

(iii) The application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde