Nikita Digvijay Jambure And ORS v. The Manager, Reliance General Insurance Company, Aurangabad And ANR

939.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 14891 OF 2017 IN FAST/22186/2017 NIKITA DIGVIJAY JAMBURE AND ORS

VERSUS

THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Bide Dnyaneshwar A. Advocate for Respondent No. 1 : Mr. R. H. Dahat.

CORAM

: K. L. WADANE, J.

DATE :

13th December, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation by the original claimants.

2.

Learned counsel for the respondent No. 1/ insurance company has opposed the application on the grounds that the appeal is presented and pending on the ground of quantum of compensation. It is stated that amount of Rs. 34,76,081/- has been deposited in this Court.

3.

Looking to the reasons stated in the application, I am of the opinion that the applicants can be permitted to withdraw amount of Rs. 20,00,000/- out of the total compensation amount deposited by the insurance company.

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939.odt 4.

Amount permitted to be withdrawn shall be invested and paid as per the order passed by the Chairman, Motor Accident Claims Tribunal, Ahmednagar, and balance amount be paid to the claimant No. 1. 5.

Remaining amount of Rs. 14,76,081/- lying in this Court shall be invested in any Nationalized Bank initially for a period of two years and shall be renewed from time to time as per the order of this Court.

6.

In exigency arises applicants are permitted to file application for withdrawal of amount of compensation.

7.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2