Rani Vijay Moholkar And Ors vs M/S. Shriram General Insurance ...
2021 Latest Caselaw 13187 Bom

                                      1            962(a)-ca-9076-2021.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 9076 OF 2021
                                      IN
                         FIRST APPEAL NO. 406 OF 2019

 Rani wd/o Vijay Moholkar and others             ... Applicants
       Versus
 Shriram General Insurance Co. Ltd. and others ... Respondents
                                  ....
 Mr. G. S. Rane, Advocate for applicants
 Mr. S. S. Dargad, Advocate h/f Mr. S. G. Chapalgaonkar, Advocate for
 respondent No.1
                                  ....

                                   CORAM : R. G. AVACHAT, J.

DATED : 15th SEPTEMBER, 2021

PER COURT :-

. Heard.

2. Learned Advocate for the appellant - insurance company

states that the Court has earlier passed a very detailed order,

permitting withdrawal of rupees Twenty Five Lakh. According to

him, the challenge in this appeal is on the grounds of quantum and

contributory negligence of the deceased.

3. It appears that the application has been moved on

medical reasons. Applicant No.3 is said to have suffered paralysis

attack in the recent past and he is in need of money.

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4. In para 8 of the order dated 18.01.2019, it has been

observed that since the impugned judgment is challenged mainly on

the ground of quantum, the appeal could be decided finally at

admission stage.

5. The award is of Rs.84,84,184/- with interest at the rate

7% p.a. In view of the same, the applicants are permitted to

withdraw Rs.15,00,000/- (Rupees Fifteen Lakh).

6. The civil application is disposed of.

[ R. G. AVACHAT, J. ]

SMS

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