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Bombay High CourtCA/13753/2017disposed offdismissed for default

Jyoti Ravindra @ Ravi Bansi Salve And ORS v. New India Assurance Co. Ltd., Thr Branch Manager, Aurangabad And ORS

2017-12-13Hon'Ble Shri Justice K.L. Wadane2 pages

928 wm.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 13753 OF 2017 IN FAST/25491/2017 JYOTI RAVINDRA @ RAVI BANSI SALVE AND ORS

VERSUS

NEW INDIA ASSURANCE CO. LTD., THR BRANCH MANAGER, AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Mantri Anuradha S. Advocate for Respondent No. 1 : Mr.S. G. Chapalgoankar

CORAM

: K. L. WADANE, J.

DATE :

13th December, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation deposited by the insurance company. 2.

Heard both sides.

3.

The appeal is mainly on the ground of contributory negligence as well as driving licence. In view of the above, at present the Award is in favour of the applicants, therefore, considering the grounds stated in the appeal-memo, at this stage applicants can be permitted to withdraw 75% amount of compensation. 4.

Civil Application is allowed in part.

5.

The applicants are permitted to withdraw 75% amount of compensation on furnishing condition that in 1/2

928 wm.odt case adverse orders are passed in the appeal then the claimants will redeposit the same in this Court within a period of 12 weeks.

6.

Civil Application is disposed of.

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