Balaji S/O Sharad Khote (Minor) ... vs Shalini Wd/O Sharad Khote And ...
2021 Latest Caselaw 15044 Bom

                                                        1                           33.CAF.943-21 IN FA.322-21.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                     CIVIL APPLICATION (CAF) NO. 943 OF 2021
                                        IN
                           FIRST APPEAL NO. 322 OF 2021
    ( Bajaj Allianz General Insurance Co. Ltd., Thr. The Executive Legal
                                    Vs.
                    Shalini Wd/o Sharad Khote & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. D.N. Kukday, Advocate for the Appellant.
                                  Ms. Aastha Sharma, Adv. h/f Mr. P.R. Agrawal, Adv. for Respondent Nos.1
                                  to 5.

                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 14th OCTOBER, 2021.

The application seeks to withdraw the amount of compensation of Rs. 11,29,757/- as deposited by the appellant in this Court. The applicant Nos. 2, 3 & 4 are admittedly minors. Mr. Kukday, learned counsel for the appellant has no objection if 50% of the amount so deposited is permitted to be withdrawn subject to usual undertaking and in proportion to the direction in para 5 of the impugned judgment, the amount receivable by the minors, to be kept in fixed deposit.

2. The application therefore is allowed in the above terms.

3. 30% of the amount withdrawn shall be kept in fixed deposit jointly in the name of the applicant

2 33.CAF.943-21 IN FA.322-21.odt

Nos. 2, 3 & 4, whereas, the applicant Nos. 1 and 5 shall be entitled for withdrawal of 10% each.

4. The application is accordingly disposed of.

JUDGE SD. Bhimte