Mumtaj Israil Pathan And ORS v. Shriram General Insurance Co. Ltd, Thr Its Branch Manager, Aurangabad And ORS

914.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 14975 OF 2017 IN FIRST APPEAL NO.2543/2017 MUMTAJ ISRAIL PATHAN AND ORS

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD, THR ITS BRANCH MANAGER, AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Mayure Pramod C Advocate for Respondent No.1 : Mr.S. G. Chapalgoankar

CORAM

: K. L. WADANE, J.

DATE :

14th December, 2017 ORDER:

1.

Heard learned counsel for the applicants and learned counsel for the respondent Insurance Company. 2.

This is an application for withdrawal of the amount of compensation deposited by respondent No.1 Insurance company in this Court.

3.

Learned counsel appearing for the respondent Insurance company has objection to pay the entire amount to the applicants on the ground that the appellant Insurance company has challenged the award on the ground of quantum of compensation. Presently, the award is in favour of the applicants.

4.

In view of the above, for the reasons stated in the application, I am of the opinion that at least 50% 1/2

914.odt of the amount of compensation under award alongwith with interest accrued thereon is to be paid to the applicants. Hence following order:

O R D E R

Applicants are permitted to withdraw 50% of the amount of compensation deposited in this court with interest accrued thereon on furnishing undertaking that in the event of adverse order passed in the appeal, they shall redeposit the said amount within a period of 12 weeks from the date of order.

5.

The civil application is disposed of (K. L. WADANE, J.) JPC 2/2