(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Rule.
Learned Counsel Mr. Nachiket Mehta waives service of notice of rule on behalf of opponent No.1. Learned Counsel Ms. Lilu K. Bhaya waives service of notice of rule on behalf of opponent no.2. It is not necessary to hear rest of the respondents for the purpose of this application.
The applicants original claimants seek further disbursement of the sum of Rs.1,00,000.00 out of the amount deposited by the opponent No.1 Insurance CO. who is the appellant in the first appeal no. 321 of 2010.
It is stated that the applicant No.1/4, daughter of deceased got married on 27th February, 2012, therefore, family requires further sum for meeting with the expenses of such marriage.
We notice that previously, by order dated 24.8.2011 passed in Civil Application No. 8643 of 2011, this Court had permitted withdrawal of 20 per cent of the amount deposited by the Insurance Co. However, in the fact of the case, looking to the marriage of one of the claimants, applicants are allowed to withdraw further sum of Rs.50,000.00 (Rupees one thousand only) from the amount deposited by opponent No.1 Insurance Co.
With this direction, Civil Application is disposed of. Rule is made absolute to the above extent. Direct Service is Permitted.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top