Madhuri Krushna Zile And ORS v. Ajay Rameshwar Gandhi And ANR

976 CA 16361.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 976 CIVIL APPLICATION NO. 16361 OF 2016 IN FA/4456/2016 MADHURI KRUSHNA ZILE AND ORS

VERSUS

AJAY RAMESHWAR GANDHI AND ANR ...

Advocate for Applicants : Kakade(matkar) Savita Parmeshwar Advocate for Respondents : S.S. Rathi For R/2 ...

CORAM : V.K. JADHAV, J.

DATE : 13-01-2017.

P.C. :

1.

The learned counsel submits that the bread winner of the family met with an accidental death and there is no independent source of income to the applicants, they may be permitted to withdraw the entire amount under the award. 2.

The learned counsel for the respondent insurer submits that, the respondent insurer has deposited the amount of Rs. 53,28,640/- that includes the interest as awarded by the tribunal. The learned counsel submits that, the respondent-insurer has no objection if the applicants are permitted to withdraw Rupees Thirty Lakhs on furnishing undertaking.

3.

In view of the above submissions, the applicants are permitted to withdraw an amount of Rupees Thirty Lakhs on furnishing undertaking by applicant no. 1 alone, to the satisfaction

976 CA 16361.16.odt of the Registrar (Judicial) of this court. Rest of the amount be invested in F.D.R. in any nationalized bank for initial period of five years and the renewal thereafter as per the orders of the court. Civil Application for withdrawal of amount is accordingly disposed of.

(V.K. JADHAV) JUDGE mub