Asha Suresh Bhavsar And ORS v. The Cholamandalam Ms General Insurance Company Ltd

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 69 CIVIL APPLICATION NO. 279 OF 2024 IN FAST/24373/2023 AND CIVIL APPLICATION NO. 9847 OF 2023 IN FAST/24373/2023 ASHA SURESH BHAVSAR AND ORS ....Applicants

VERSUS

THE CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD .....Respondent Mr. S. S. Patil, Advocate for the applicants Mr. A. G. Choudhari, Advocate for the respondent No.1 CORAM :

KISHORE C. SANT, J.

DATE :

03rd OCTOBER, 2024 P. C.

WITHDRAWAL 1.

This application is for withdrawal of the amount deposited by the appellants in the office of this court. 2.

Parties relied upon the order passed by this court dated 02-02-2024 in CA/201/2024 arising out of the same

(2) acquisition proceeding.

3.

One application is filed seeking compensation in view of death of the mother. Second application is for seeking compensation in view of death of father of the applicants. 5.

Considering the above, following order is passed:

ORDER

a] The application is partly allowed.

b] The applicants are entitled to receive 75% of the amount deposited in the office this court alongwith accrued interest on furnishing usual undertaking.

c] The amount to the extent of the applicant No.1 shall be allowed to be withdrawn and be transferred to her account.

(3) d] The amount to the extent of respondent Nos. 2 and 3 be kept in Fixed Deposit in any Nationalized bank to be renewed from time to time pending the appeal.

e] Interest part on the fixed deposit of Resp. Nos.2 & 3 shall be transferred to the account of applicant No.1.

f] Further 25% of the amount be kept in a fixed deposit in any Nationalized bank to be renewed from time to time pending the appeal.

g] Minors shall be entitled to withdraw the amount on attaining the majority.

h] With this, the application stands disposed off in above terms.

(4) DELAY.

1.

Heard.

2.

For the reasons sated in the application, the delay stands condoned. The application stands allowed. 3.

Office to register the appeal.

[KISHORE C. SANT, J.] VishalK/69ca279.24