Allowed

Reshma Sadek Ansari and Ors. v. Ranjana Sanjiv Karad and Ors.

Bombay HC19 Dec 2017CA/15294/2017

Case brief

AI extract

What is this about?

In appeal against a compensation award, the court permitted the appellants to withdraw 75% of the deposited amount with accrued interest, directing the balance to be invested in a fixed deposit pending final adjudication on vehicle involvement.

What did the court decide?

Applicants permitted to withdraw 75% of the deposited compensation with interest; balance to be invested in fixed deposit.

Reshma Sadek Ansari and Ors. Vs Ranjana Sanjiv Karad… — Motor Accident Claims | Bombay HC (2017)

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929.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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929 CIVIL APPLICATION NO. 15294 OF 2017

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IN FIRST APPEAL ST. NO. 21599/2017

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RESHMA SADEK ANSARI AND ORS
VERSUS
RANJANA SANJIV KARAD AND ORS

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...

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Advocate for Applicants : Mr. Dargad Swapnil S
Advocate for Respondent No.3 : Mr.S. R. Bodade

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CORAM: K. L. WADANE, J.

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ORDER:

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1. Heard learned counsel for the applicants and
learned counsel for the respondent No.3-Insurance
Company.

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2. This is an application for withdrawal of the
amount of compensation deposited by respondent No.3
Insurance company in this Court.

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3. The application is opposed by the learned

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counsel appearing for the respondent Insurance company
as the appeal is presented by the Insurance company on
ground that involvement of the vehicle in the accident

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has not been duly proved. Mr. Dargad, the learned
counsel for the applicants points out the reasons
recorded by the learned Tribunal in Para 18 of the
Judgement, from which, it appears that involvement of

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the vehicle is established by the claimants by
examining Rajendra (PW-2) and apparently it is seen
that the vehicle was subsequently identified to be
involved in the accident.

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4. In view of the above, for the reasons stated in
the application, I am of the opinion applicants can
be permitted to withdraw 75% of the amount of
compensation under award alongwith with interest
accrued thereon. Hence following order:

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O R D E R

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1. Applicants are permitted to withdraw 75% of the amount of compensation deposited in this court with interest accrued thereon.

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2. Rest of the amount shall be invested in fixed deposit in any nationalized bank initially for a period of two years and thereafter as per directions of the Court.

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5. The civil application is disposed of

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(K. L. WADANE, J.)

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JPC

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Reshma Sadek Ansari and Ors. v. Ranjana Sanjiv Karad and Ors.

Case brief

What is this about?

What did the court decide?

Reshma Sadek Ansari and Ors. v. Ranjana Sanjiv Karad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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