Shri.Dadasaheb Bapu Narute And ... vs The Oriental Insurance ...
2017 Latest Caselaw 6172 Bom

                                                           901-caf-1316-2017


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION
                                  
                     CIVIL APPLICATION NO.1316 OF 2017
                                     IN
                     FIRST APPEAL (ST) NO.34150 OF 2016

 Shri.Dadasaheb Bapu Narute & Ors.                           ..Applicants
                                                             (Org. Claimants)
 IN THE MATTER BETWEEN :

 The Oriental Insurance Co. Ltd.
 Through Motor Third Party Claim Hub                         ..Appellant
                                                             (Org.Insurer)

             V/s.
 Shri.Dadasaheb Bapu Narute & Ors.       ..Respondents
                               ----
 Mr.Ghansham S. Jadhav for the Applicant
                               ----
                       CORAM : MRS.MRIDULA BHATKAR, J.

                                DATE    :  16th AUGUST 2017

 P.C.

1. Respondent No.3 is not yet served. However, the main

contesting party is an appellant-Insurance Company.

2. This application is moved by the original claimants for

the withdrawal of the amount. Till today nothing is withdrawn and

no amount is received. The applicants are the parents of the

deceased son. The Trial Court has passed award of Rs.25,40,000/-

      N.S. Kamble                                                         page 1 of 2




                                                             901-caf-1316-2017

along with interest. The Insurance Company has deposited the

entire decreetal amount along with interest accrued thereon.

3. In Appeal, Insurance Company challenges mainly on the

point of quantum based on multiplier.

4. In view of these submissions, the applicants are allowed

to withdraw Rs.6 lakhs each i.e. total Rs.12 lakhs on personal

undertaking given by them before the Registry of the Trial Court.

Remaining amount is to be deposited in a Fixed Deposit in the

Nationalized Bank.

                                             (MRIDULA BHATKAR, J.)




      N.S. Kamble                                                          page 2 of 2