Vivek Uttam Dhivar And ORS v. Bajaj Allianz General Insurance Co. Ltd Thr Its Manager, Aurangabad And ORS

113 WM.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 113 CIVIL APPLICATION NO. 15219 OF 2017 IN FAST/7759/2017 WITH CA/5533/2017 IN FAST/7759/2017 VIVEK UTTAM DHIVAR AND ORS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD THR ITS 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 :

18th December, 2017 ORDER:

1.

Heard learned counsel for the applicants and learned counsel appearing for the respondent No. 1/ Insurance Company.

2.

Learned counsel for respondent No. 1/insurance company submits that, the appeal is presented on the ground that the claimants not being dependent upon the deceased and on the ground of quantum.

3.

In view of the above, at present the Award is in favour of the applicants/claimants. Therefore, I am of the opinion that, at this stage 50% amount of compensation can be paid to the applicants.

4.

Application for withdrawal of amount is allowed. 5.

Applicants are permitted to withdraw 50% amount 1/2

113 WM.odt of compensation together with accrued interest thereon on condition that if any adverse orders are passed in appeals, they shall redeposit the amount in this Court within a period of 12 weeks.

6.

Balance 50% amount shall be invested in any Nationalized Bank initially for a period of two years and thereafter shall be renewed from time to time as per orders of this Court.

7.

Civil Applications are disposed of.

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