Shobha Santosh Chaudhari And ORS v. The Cholamandalam Ms General Insurance Company Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.14674 OF 2023 IN FA/2966/2023 WITH CA/9860/2023 IN FA/2966/2023 SHOBHA SANTOSH CHAUDHARI AND ORS

VERSUS

THE CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD ...

Advocate for Applicants : Mr. Patil Shrikant S. Advocate for Respondent : Mr. A. G. Choudhari. ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08/12/2023 PER COURT :

1.

The present appeal is filed by the Insurance Company against the order of the Tribunal on the ground of quantum of compensation granted by the Tribunal.

2.

CA/14674/2023 is filed for withdrawal of amount of compensation. Without going into the merits of the matter, I deem it appropriate to allow the major applicants i.e. applicants No.1 and 5 to withdraw 60% of the deposited compensation amount along with accrued interest thereon till date to the extent of their shares as directed by the Tribunal, subject to filing of undertaking to the satisfaction of the Registrar Judicial of this Court. Minor applicants share be kept in fixed deposit in any nationalized bank. Application for withdrawal of amount stands disposed of. Minor applicant is permitted

958 CA 14674-2023 to move an application for withdrawal of amount kept in fixed deposit as and when exigency arises.

3.

In Civil Application No.9860/2023 filed for Stay, the learned Advocate for the applicant submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 09/08/2023, in the application for stay, is confirmed. The application filed for Stay stands disposed of.

4.

The appeal is admitted.

5.

After admission of the appeal, the learned Advocate Mr. Shrikant Patil waives service of notice on behalf of respondents No.1 to 5.

( ARUN R. PEDNEKER, J. ) vj gawade/-.