Mr. Shivaji Tukaram Kumawat And ORS. v. Oriental Insu. Co. (Through Its Manager) And ANR.

10-ii- caf -913-19 withdrawal.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 913 OF 2019 IN FIRST APPEAL (st) NO. 14132 OF 2017 Shivaji Tukaram Kumawat & Ors.

..Applicant v/s.

The Oriental Insurance Company Ltd.

..Respondents Mr. Pritesh Bohade for the Applicants.

Mr. D.S.Joshi for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 08th MARCH, 2019.

P.C.

1.

By this application, the applicant-Original Claimants have sought withdrawal of the compensation amount deposited by the Insurance Company in compliance of the judgment and award dated 10th August, 2016 in MACP No. 935 of 2012 passed by the MACT, Nashik.

2.

By the impugned judgment and award, the MACT Nashik, has awarded compensation of Rs.19,25,000/- with interest at the rate of 7% per anum from the date of application till realization. pps

10-ii- caf -913-19 withdrawal.doc 3.

In compliance of the said judgment and award, the respondent insurance company has deposited amount of Rs.26,83,615/- which is inclusive of interest.

4.

Considering the reasons stated in the application, out of the total compensation deposited by the Insurance Company 20% is ordered to be paid to each of the applicant nos.1 and 2 and 10% is ordered to be paid to the applicant no.3. The MACT, to re-invest the balance amount until further orders, in any nationalized bank after making the payment as stated above.

5.

The applicants shall furnish an undertaking before the tribunal that they will abide by the final orders that may be passed in this appeal.

6.

It is made clear that the payment of the amount is subject to the final outcome of the appeal.

7.

Civil application stands disposed of.

(ANUJA PRABHUDESSAI, J.) pps