Rajaram Ganu Tambe And ANR. v. The New India Assurance Company Ltd., Mumbai And ORS.

22-ii-ia 3675-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3675 OF 2022 IN FIRST APPEAL NO. 340 OF 2021 Rajaram Ganu Tambe & Anr.

..Applicant v/s.

The New India Assurance Co. Ltd. & Ors.

..Respondents Mr. S.M.Mangaonkar for the Applicant Nos.1 and 2. Ms. Poonam Mittal for the Respondent Insurance Co. Mr. D.D.Rananaware for the MSRTC.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1.

By this application, the Applicant has sought withdrawal of the compensation deposited by the Appellant Insurance Company as per the Judgment and Award dated 27.02.2020 passed by the Claims Tribunal in MACP 549 of 2016.

2.

Having considered the reasons stated in the application, and the grounds stated in the memo of appeal, the Applicant/s, who are the grand parents of the deceased are permitted to withdraw 30% of the compensation, subject to filing an undertaking that they shall refund the amount with appropriate interest in the event the Appellant insurance company succeeds in the appeal.

3.

Civil Application stands disposed of.

by PRASANNA P SALGAONKAR Date:

2022.06.18 15:11:51 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) P P SALGAONKAR