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Bombay High CourtCA/224/2019disposed offdismissed for default

Tukaram Madhav Wakchaure And ORS v. Branch Manager, The New India Insurance Co. Ltd. And ANR

2019-02-05Hon'Ble Shri Justice P.R. Bora2 pages

1 224.2019.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO.224 OF 2019 IN FAST/32920/2018 WITH CA/13249/2018 IN FAST/32920/2018 WITH CA/13250/2018 IN FAST/32920/2018 TUKARAM MADHAV WAKCHAURE AND ORS .. Applicants

VERSUS

BRANCH MANAGER, THE NEW INDIA INSURANCE CO. LTD. AND ANR ..Respondents ...

Advocate for Applicants : Shri K. N. Shermale Advocate for Respondent No.1 : Shri S.G. Chapalgaonkar ...

CORAM : P.R. BORA, J.

Dated: February 05, 2019 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties. Perused the impugned Judgment and Award and the grounds of objections raised in exception to the said Judgment and Award.

2.

In the impugned Award, the Tribunal has apportioned the amount of Rs.24,22,616/- as follows : (i) (a) Claimant No.1 :

Rs.8,00,000/- (b) Claimant No.2 :

Rs.8,00,000/- (c) Claimant No.3 :

Rs.8,22,616/- ---------------------- Rs.24,22,616/-

2 224.2019.CA.doc (ii) Out of the amount alloted to the shares of claimant nos.1 and 2 (applicant nos.2 & 3 herein), Rs.5,00,000/- each are to be invested in Fixed Deposit Receipt in any Nationalized Bank in the names of claimant nos.1 and 2 for the period till they attain the age of majority.

(iii) There is no question of permitting any withdrawal of the said amount of Rs.10,00,000/-. From the remaining amount of Rs.14,22,616/-, claimant no.3 (applicant no.1 herein) is permitted to withdraw for himself and for and on behalf of claimant nos.1 and 2 half of the said amount i.e. Rs.7,11,308/- along with the interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

(iv) Balance amount of Rs.7,11,308/- along with the interest accrued thereon be invested in Fixed Deposit Receipt in any Nationalized Bank for the period till disposal of the appeal. (v) Civil Application for withdrawal of amount stands disposed of.

3.

Hearing of the appeal is expedited.

( P.R. BORA, J. ) ...

ggp