Shri. Mahadev Babu Toraskar And ORS. v. The New India Assurance Co. Ltd. Through Its Branch Manager And ANR.

41 -i- ia 3059-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3059 OF 2022 IN FIRST APPEAL NO. 1658 OF 2019 Shri Mahadev Babu Toraskar & Ors.

..Applicants v/s.

The New India Assurance Co. Ltd, through its branch Manager & Anr.

..Respondents Mr. Rajesh Kanojia a/w. Nikita Singh i/b. Res Juris for the Applicant Ms. Rina Kundu for the Respondent.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1.

By this application, the Applicant has sought withdrawal of the compensation awarded by the Claims Tribunal.

2.

The records reveal that by the impugned order, the Claims Tribunal has awarded compensation of Rs. 4,41,500/-. The Applicant Nos.1 and 2 were permitted to withdraw compensation of Rs.2,00,000/-, which is withdrawn by the Applicant nos.1 and 2. Remaining amount was deposited in FD in the name of Applicant Nos.3 and 4. 3.

The Applicant Nos.3 and 4 are minors. I am not inclined to allow withdrawal of the balance amount, considering the fact that the Applicant Nos.3 and 4 are minors.

4.

Application stands dismissed.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.06.17 11:06:48 +0530 (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR P P SALGAONKAR