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Bombay High CourtCA/13350/2023admittedallowedgrantedrule absolute

Pratiksha Wd/O Prashant Shinde And ORS v. Reliance General Insurance Co Ltd And ANR

2023-11-03Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.13350 OF 2023 IN FAST/8045/2023 WITH CA/4976/2023 IN FAST/8045/2023 WITH CA/4977/2023 IN FAST/8045/2023 PRATIKSHA WD/O PRASHANT SHINDE AND ORS

VERSUS

RELIANCE GENERAL INSURANCE CO LTD AND ANR ...

Advocate for Applicants : Mr. Wakure Sanjay A Advocate for Respondent No.1 : Mr. N. S. Shah h/f Mr. R. H. Dahat ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

The present appeal is filed on the ground of quantum of compensation and also on the ground of contributory negligence of the deceased.

2.

In application for withdrawal of amount, without going into the merits of the matter, I deem it appropriate to permit the wife and parents of deceased to get 60% of compensation amount as per their shares, deposited in this Court along with accrued interest thereon till date. Balance amount and Minors amounts be kept in fixed deposit in any nationalize bank. Liberty to the applicants to mention for withdrawal if occasion arises. The application for withdrawal of amount is disposed of.

941 CA 13350-2023 3.

In civil applications filed for Stay, the learned Advocate for the applicants submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 17/04/2023, in the application for stay, is confirmed. The application filed for Stay stand disposed of. 4.

The application is filed for condonation of delay of 15 days caused in filing the appeal, for the reasons stated in the application the said application is allowed and disposed of. 5.

The appeal is admitted.

6.

After admission the learned Advocate Mr. S A. Wakure waives service of notice on behalf of claimants.

( ARUN R. PEDNEKER, J. ) vj gawade/-.