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Bombay High CourtCA/15211/2017disposed offdismissed for default

Sanjivani Parmeshwar Ugale And ORS v. Shriram General Insurance Co. Ltd, Thr Its Branch Manager, And ANR

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

106 WM.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 106 CIVIL APPLICATION NO. 15211 OF 2017 IN FAST/21267/2017 SANJIVANI PARMESHWAR UGALE AND ORS

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD, THR ITS BRANCH MANAGER, AND ANR ...

Advocate for Applicants : Mr. Mayure Pramod C. Advocate for Respondent No. 1 : S. G. Chapalgoankar.

CORAM

: K. L. WADANE, J.

DATE :

18th December, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation deposited by the insurance company. 2.

Heard both sides.

3.

The appeal is presented mainly on the ground of contributory negligence as well as quantum. In view of 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 75% amount of compensation. 4.

Application for withdrawal of amount is allowed. 5.

Applicants are permitted to withdraw 75% amount 1/2

106 WM.odt of compensation together with accrued interest thereon on condition that if any adverse orders are passed in appeal, they shall redeposit the amount in this Court within a period of 12 weeks.

6.

Balance 25% 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 Application is disposed of.

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