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Bombay High CourtCA/15212/2017disposed offdismissed for default

Savita Bhagwan Dudhe And ORS v. The New India Assurance Co. Ltd., Thr Its Divisional Manager, Aurangabad An ANR

2017-12-18Hon'Ble Shri Justice K.L. Wadane2 pages

108 WM.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 107 CIVIL APPLICATION NO. 15212 OF 2017 IN FAST/30927/2017 SAVITA BHAGWAN DUDHE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIVISIONALMANAGER, AURANGABAD AN ANR.

WITH 108 CIVIL APPLICATION NO. 15213 OF 2017 IN FAST/30924/2017 WITH CA/15214/2017 IN FAST/30924/2017 KULSUMBEE SYED ISMAIL

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIVISIONALMANAGER, AURANGABAD AN ANR ...

Advocate for Applicants : Mr. Mayure Pramod C. Advocate for Respondent No. 1 : Mr. A. S. Usmanpurkar.

CORAM

: K. L. WADANE, J.

DATE :

18th December, 2017 ORDER:

1.

These are the applications for withdrawal of amount of compensation deposited by the insurance company.

2.

Heard both sides.

3.

The appeals are presented mainly on the ground of quantum and involvement of the vehicle. In view of 1/2

108 WM.odt the above, at present, the Award is in favour of the applicants, therefore, considering the grounds stated in the appeal-memo, at this stage applicants can be permitted to withdraw 50% amount of compensation. 4.

Applications for withdrawal of amount are allowed.

5.

Applicants are permitted to withdraw 50% amount of compensation together with accrued interest thereon on condition that if any adverse orders are passed in appeals, they shall redeposit the amount in this Court within a period of 12 weeks.

6.

Balance 50% amount shall be invested in any Nationalized Bank initially for a period of two years and thereafter shall be renewed from time to time as per orders of this Court.

7.

Civil Applications are disposed of.

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