Smt. Chhaya Daulat Madane And ORS. v. The New India Assurance Co. Ltd. And ORS.
Dusane 1/2 caf4048.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4048 OF 2015 IN FIRST APPEAL NO.1249 OF 2015 Smt. Chhaya Daulat Madane & Ors.
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Applicants In the matter between The New India Assurance Co. Ltd.
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Appellants Vs.
Smt. Chhaya Daulat Madane & Ors.
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Respondents Mr. Bhushan Walimbe, Advocate for the applicants. Mr. Sandeep. S. Jinsiwale, Advocate for respondent no.1. Ms. Shruti Kondoi h/for Mr. Umesh Mankapure, Advocate for respondents no. 5 and 6.
Coram : Smt. R.P. SondurBaldota, J.
Date : 9th March, 2016 P.C.
This Civil Application by the claimants is for withdrawal of the amount deposited by the appellantInsurance Company in the Motor Accident Claims Tribunal at Sangli. According to the appellant Insurance Company, it is liable to pay only 50% of the compensation since there was equal contribution in negligence by the deceased. In view of
Dusane 2/2 caf4048.2015 contention taken, the applicants can be permitted to withdraw atleast 50% of the amount alongwith the interest accrued thereon. The Civil Application is allowed. The applicants are at liberty to withdraw 50% of the amount lying deposited with Motor Accident Claims Tribunal at Sangli alongwith the interest accrued thereon. This withdrawal will be over and above the amount of Rs.2,00,000/ permitted to be withdrawn by the order dtd. 8th July, 2015.
(Smt. R.P. SondurBaldota, J)