Mr. Atul Maruti Wanjale v. The New India Assurance Company Ltd.,

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3684 OF 2016 IN FIRST APPEAL NO.166 OF 2014 Atul Maruti Wanjale .... Applicant In the matter between The New India Assurance Co. Ltd., Pune.

.... Appellant

Versus

Meena Maruti Wanjale & Ors.

.... Respondents Mr. J.P. Kharge for the Applicant.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 20 TH AUGUST 2016.

P.C. :

1.

This Civil Application is moved by the original claimant - son of the deceased, for withdrawal of the compensation amount. The Award passed is for Rs.9,74,620/- along with 9% interest. Appellant - Insurance Company has deposited the amount of Rs.11,97,807/- on 15th January 2013.

2.

This Court has, vide its order dated 21st November 2014, permitted withdrawal of the amount of Rs.2,50,000/- each by original applicant No.11/2 CAF-3684-16.doc

Meena - the widow and applicant No.2-Pallavi - the daughter of the deceased, on furnishing usual undertaking before the M.A.C.T., Pune. 3.

Now it is submitted that the applicant also needs the amount for his education, employment and also for maintenance. 4.

None present on behalf of the respondents.

5.

Considering the necessity of the applicant and the fact that the other two claimants were permitted to withdraw the amount of Rs.2,50,000/- each by this Court, this Civil Application also deserves to be allowed. Hence, applicant - Atul Maruti Wanjale is permitted to withdraw the sum of Rs.2,50,000/- on furnishing usual undertaking before the M.A.C.T. Pune.

6.

Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-3684-16.doc