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Bombay High CourtCAF/4621/2016partly allowed

Mrs. Shaila Balu @ Balkrushna Mane And ORS. v. The Oriental Insurance Co. Ltd. Branch Sangli Through Mumbai Region Office-2

2018-06-19Hon'Ble Shri Justice V.M. Deshpande2 pages

(11­2)caf­1341­15 Sarnobat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4621 OF 2016 IN FIRST APPEAL (STAMP) NO.34752 OF 2014 Shaila Balu @ Balkrushna Mane & Ors.

..Applicant.

Vs.

The Oriental Insurance Co. Ltd.

..Respondent.

-------------- Mr.Sudeep Jinsiwale for the Applicant in CAF No.1341/2015 and for respondent in CAF No.4621/2016.

Mr. Kalpesh Patil I/by Mr.Vikas Kolekar for respondent Nos.1 to 3 in CAF No.1341/2015 and for the applicant in CAF No.4621/2016. CORAM : V.M. DESHPANDE, J.

DATE : 19th JUNE, 2018.

P. C. :

1.

This application is moved by the claimant who are the nonapplicant Nos. 1 to 3 in the appeal. According to the learned counsel for the applicant , the deceased what the only earning member and the applicants are wife and children were solely depend on his earning. Mr.Jinsiwala submits that as per the directions by this court, appellant has already deposited the entire amount of Rs.6,11,512/- along with interest as directed by this Court.

2.

Since, application is for withdrawal and the applicants are dependents of the deceased, in the interest of justice this application is 1/2

(11­2)caf­1341­15 allowed in part. The applicants are permitted to withdraw the amount of Rs.3,00,000/- out of the amount deposited by the appellant. 3.

The remaining amount shall be kept in Fixed Deposit Receipt so as to save the loss of interest.

[ V.M. DESHPANDE, J.] 2/2