Shri.Navnath @ Ranjeet Hindurao Ingawale v. The New India Assurance Company Limited Through Mumbai Regional Ofifce-I

P.H. Jayani 11(A) CAF2747.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2747 OF 2019 IN FIRST APPEAL NO. 1011 OF 2016 Shri. Navnath @ Ranjeet Hindurao Ingawale .... Applicant In the matter between :- The New India Assurance Co. Ltd.

... Appellant v/s.

Shri. Navnath @ Ranjeet Hindurao Ingawale and anr.

.... Respondents Mr. Metanshu Purandare a/w. Ms. Sakshi Salunkhe, Ms. Neha Arekar for the Applicants.

Mr. Devendranath Joshi for the Appellant - Insurance Co. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 19th OCTOBER, 2022.

P. C. :- .

The Applicant who is the original claimant has sought withdrawal of compensation deposited by the Appellant - Insurance Company in the Court of Commissioner for Employees Compensation, Kolhapur in W.C.A. No.19/C-6/2011.

2.

Having considered the reasons stated in the Application and the grounds raised in the Appeal memo, the Applicant - original claimant is permitted to withdraw 50% of the compensation along with 1/2

P.H. Jayani 11(A) CAF2747.2019.doc proportionate interest accrued thereon.

3.

Suffice it to say that the withdrawal of compensation is subject to the final outcome of the Appeal. The Applicant shall give an undertaking before the Commissioner for Employees Compensation, Kolhapur that he shall refund the compensation along with interest in the event the Appellant - Insurance Company succeeds in the Appeal. The balance amount shall be re-invested in fixed deposit in any nationalized bank until further orders.

4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.10.21 17:12:49 +0530 2/2