Shri. Posha Bhika Mukane v. The United India Insurance Company Ltd. Through Its Manager At Thane Divisional Office,

3 CAF 2787-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2787 OF 2016 IN FIRST APPEAL NO. 290 OF 2019 Smt. Posha Bhika Mukane ..Applicant v/s.

The United India Insurance Co.

Ltd. & Anr.

..Respondents Ms. Rina Kundu for the Applicant .

Mr. Nikhil Mehta i/b. KMC Legal Venture for the Appellant. CORAM : ANUJA PRABHUDESSAI, J.

DATED : JUNE 23, 2021.

P.C.

1.

The Applicants who are the original claimants have filed this application for withdrawal of the amount of compensation deposited by the Appellant Insurance Company in compliance of the judgment and order dated 21.10.2015 in Application (MCA) No.360-B-95/2006.

2.

By the impugned judgment and order, the Commissioner for Workmens Compensation, 2nd Labour Court, Thane, awarded compensation of Rs.7,74.795/- with interest at the rate of 12% per anum from the date of the accident.

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3 CAF 2787-16.doc 3.

Having considered the grounds raised in the appeal and the reasons stated in the application, the applicant is allowed to withdraw 50% of the compensation deposited by the appellant insurance company, along with interest accrued thereon. 4.

Suffice it to say that the withdrawal is subject to final outcome of the appeal.

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.

The MACT, to re-invest the balance amount in the names of the respective applicants, in any nationalized bank after making the payment as stated above.

7.

Civil application stands disposed of.

(ANUJA PRABHUDESSAI, J.) pps