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Bombay High CourtCA/13114/2019disposed offdismissed for default

Devaji Nandalya Gavit v. Hdfc Ergo General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ORS

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 80 ca 13114.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 80.2 CIVIL APPLICATION NO.13114 OF 2019 IN FAST/363/2019 DEVAJI NANDALYA GAVIT

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGAR, AURANGABAD AND ORS.

...

Advocate for Applicant : Mr. Mayure Pramod C. Advocate for Respondent No.1: Mr. Deshmukh Mohit R. Advocate for Respondents : Bharad Pratibha J for R/3 ...

CORAM : MANGESH S. PATIL, J.

DATE : 15.11.2019 P.C. :- This is an application by the original claimant seeking withdrawal of the amount of compensation deposited by the respondent-Insurance Company. He submits that the deceased was the son of the applicant who is a senior citizen and in dire need of money. He therefore may be allowed to withdraw the amount of compensation.

2.

Considering the facts and circumstances and the reasons assigned by the Tribunal while passing the impugned judgment and award, in my considered view the applicant deserves to be paid 75% of the amount deposited in this Court subject to usual terms and conditions.

( 2 ) 80 ca 13114.19 3.

The application is allowed. The applicant is allowed to withdraw 75% of the amount deposited in this Court by the Insurance Company subject to furnishing an undertaking in usual terms. Civil Application is disposed of. [MANGESH S. PATIL, J.] mub