Ishika D/O Ravindra Wakde And ORS v. The Div. Manager, Tata A.I.G. Insurance Co. Ltd., Aurangabad And ANR

923-CA-853-2019 withdrawal .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.853 OF 2019 IN FAST/2761/2018 ISHIKA D/O RAVINDRA WAKDE AND ORS

VERSUS

THE DIV. MANAGER, TATA A.I.G. INSURANCE CO. LTD., AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Taur Mahesh S Advocate for Respondent No.1 : Mr. S. G.

Chapalgaonkar ...

CORAM : P.R. BORA, J.

DATED : 16th JANUARY, 2019.

PER COURT:- .

The applicants have filed the application seeking withdrawal of the amount as has been deposited by the appellant-insurance company in this Court. The learned counsel for the respondentinsurance company has opposed for granting such withdrawal stating that the aspect of contributory negligence has not been appropriately considered by the Tribunal.

2.

I have perused the impugned judgment. The learned Tribunal has awarded the compensation of Rs.5,39,000/- to claimant no.1 Ishika who is minor and has directed to invest the amount granted to her share in Fixed Deposit. There is therefore no

923-CA-853-2019 withdrawal .odt (2) question of allowing any withdrawal from the said amount. The Tribunal has awarded the compensation of Rs.2,50,000/- each to claimant nos. 2 and 3. In view of the objections raised against the judgment and award passed by the Tribunal, I deem it appropriate to permit applicant nos.2 and 3 to withdraw the sum of Rs.1,25,000/- each from the deposited amount on submitting an undertaking to the satisfaction of the Registrar of this Court. 3.

Balance amount of the share of applicant nos. 2 and 3 be invested in Fixed Deposit Receipt in any nationalized bank for the period till disposal of the appeal.

4.

The civil application stands disposed of.

(P.R. BORA, J.) Mujaheed//