Vidya Sunil Patil (Vidya W/O Dileep Patil) v. The United India Insurance Co. Ltd., And ORS

1 CA-2523-18.doc

IN THE HIGH COURT OF JUDICATURE AT B0MBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2523 OF 2018 IN FIRST APPEAL NO. 4243 OF 2016 Vidya Sunil Patil (Vidya w/o Dileep Patil) .. Applicant vs The United India Insurance Company Ltd. and others .. Respondents -- Mr. Madhav M. Bhokarikar, Advocate for applicant Mr. S. S. Rathi, Advocate for respondent no. 1 CORAM :

SUNIL P. DESHMUKH, J.

DATE : 23rd February, 2018 ORDER:

1.

Heard learned counsel for applicant and learned counsel for respondent no.1-insurance company.

2.

The award shows that present applicant is held to have been entitled to receive an amount of ` 2,80,000/- plus interest accrued thereon.

3.

It is stated by learned counsel for respondent no.1 - insurance company that the entire amount has been deposited by insurance company in this court. From deposited amount, other claimants who are respondents no. 3 to 6 in present application have already withdrawn fifty per

2 CA-2523-18.doc cent of their share from the amount as awarded to them by the tribunal.

4.

Learned counsel for applicant, therefore, submits that present applicant be also given same treatment. 5.

Mr. Rathi, learned counsel for insurance company fairly states that he may not have any particular objection and present applicant be treated accordingly.

6.

In view of aforesaid, present applicant may be allowed to withdraw fifty per cent of the amount from her share of compensation as awarded under the decision by the motor accident claims tribunal on furnishing an undertaking to the effect that she shall pay back / deposit the amount being withdrawn under this order within a period of three months from the date of decision in the appeal or as may be directed by the court, in case decision in appeal is rendered against her interest.

7.

Civil application is accordingly allowed and is disposed of.

SUNIL P. DESHMUKH JUDGE pnd/-