Pratibha Mangesh Mali And Others v. The New India Assurance Co.Ltd Thr Manager (Leal Hub) Aurangabad And Others

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 178 OF 2016 IN FAST/15441/2015 WITH CA/6085/2015 IN FAST/15441/2015 PRATIBHA MANGESH MALI AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO.LTD THR MANAGER (LEAL HUB)AURANGABAD AND OTHERS ...

Advocate for Applicants :Mr. Sangeet L. V.

Advocate for Respondent No.1: Mr. M. M. Ambhore. *** CORAM: T. V. NALAWADE, J.

DATED:

12th JANUARY, 2016.

PER COURT:

1.

The application is made by original claimants for permission to withdraw the amount. Other side has strong objection. Learned counsel for the insurance company submits that the involvement of the vehicle itself is challenged. This Court has gone through the judgment and Award. Evidence was given only by claimant and no evidence was given in rebuttal. Charge sheet is filed against the driver of the vehicle and two eye witnesses were examined. This Court holds that 75% of the amount

-:(2):- needs to be given to the applicants as per the Award given by the Tribunal.

2.

In the result, application is allowed. Amount to be sent to the Tribunal, Dhule. Undertaking needs to be given in Tribunal at Dhule. The 75% amount of the amount of compensation is to be disbursed to the applicants, as per the Award delivered by the Tribunal, with interest. The remaining amount is to be kept in fixed deposit in any national bank. In those terms, the application is allowed and disposed of.

3.

In view of the above, civil application bearing No.6085 of 2015 is also disposed of.

[T. V. NALAWADE, J.] Dt.12/01/2016.

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