Sangita Kalyan Waghmare And ORS v. New India Assurance Co. Ltd., Thr Its Branch Manager And ANR

{1} ca15375-17 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15375 OF 2017 IN FIRST APPEAL STAMP NO.21530 OF 2017 Sangita Kalyan Waghmare and Others APPLICANTS

VERSUS

New India Assurance Co. Ltd., and Another RESPONDENTS .......

Mr. Swapnil S. Dargad, Advocate for the applicants Mr. S. R. Bodade, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 21 st FEBRUARY, 2018 ORDER :

1.

Heard learned advocates for the parties.

2.

This is an application by original claimants for withdrawal of amount deposited in this court by original appellant - insurance company.

3.

While considering submissions, one may have to keep at the back of the mind that bread earner of the family had been lost on whom the claimants were dependent.

4.

It appears that the thrust of the appeal is on technical hitches, which hardly can be attributable to the applicants and as

{2} ca15375-17 referred to above, the loss coupled with consequent suffering and need of the family may be given its due regard. 5.

In the circumstances, the application is allowed. The applicants are allowed to withdraw 75% of the amount deposited, on filing an undertaking to the effect that in case the appellant succeeds in the appeal, and decision is adverse to present applicants, the amount would be deposited in this court by present applicants within a period of three months from the date of decision in the first appeal.

6.

Civil application is accordingly disposed of. [SUNIL P. DESHMUKH, J.] drp/ca15375-17