Vidya Sampat Karad And ORS v. The Manager, M/S Shriram General Insurance Company Ltd., And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 340 OF 2018 IN FAST/29719/2017 VIDYA SAMPAT KARAD AND ORS

VERSUS

THE MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., AND ANR.

...

Advocate for Applicants : Mr.Ashtekar R.K.

Advocate for Respondents : Mr.Mohit Deshmukh h/f. Mr.S.G.Chapalgaonkar ...

CORAM : M.S.SONAK, J.

DATE :

9.1.2018 PER COURT:- 1) Heard learned counsel for the applicants.

2) From out of deposited amount, the applicants are permitted to withdraw a sum of Rs.20,00,000/- subject to filing of an undertaking that such withdrawal will abide them by final order in the appeal.

3) From out of this amount of Rs.20,00,000/-, the

( 2 ) Registry to pay Mankabai Sampat Karad, the mother of the deceased for sum of Rs.3,00,000/- directly. Similarly, a sum of Rs.3,00,000/- each to be paid to Amol Sampat Karad, Sujata Sampat Karad and Pwan Sampat Karad. Since, Sujata Sampat Karad is stated to be married, the cheque to the issued in her present name, if name is different from one stated in the present application, after obtaining proper documentation. Balance amount of Rs.8,00,000/- to be paid to Vidya Sampat Karad. Since, the applicants are from Latur, they are given liberty to swear the affidavit/undertaking before Notary Public. Registry to accept Notarized affidavit/undertaking. 4) The balance amount to be invested in any Nationalized Bank.

5) This application for withdrawal was infact opposed by the learned counsel for the appellant. He submitted that the vehicle in question was falsely implicated. This

( 3 ) is a issue, which is to be examined at the stage of admission/final hearing of the appeal, in case delay in instituting of the appeal is condoned. In any case, at present, liberty is granted to withdraw less than 50% of amount, which is deposited.

6) The civil application is disposed of.

[M.S.SONAK, J.] SPT/CA 340 of 2018