Mrs. Dilshad Begam Amir Shaikh And ORS. v. National Insurance Co. Ltd.

(35) FA 3621-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3621 OF 2016 IN FIRST APPEAL NO. 1410 OF 2006 Mrs. Dilshad Begum Amir Shaikh & Ors.

.. Applicants In the matter between National Insurance Co. Ltd. & Anr.

.. Appellants.

Vs.

Mrs. Dilshad Begum Amir Shaikh & Ors.

.. Respondents Ms. Nasreen Sajid Khalique Ayubi for the Applicants. Mr. Bhavesh Magan h/f. Mr. Sandesh Deshpande for Appellants. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 19 th SEPTEMBER, 2016.

P. C. :

1.

This application is preferred by the original claimants seeking withdrawal of the compensation amount as deposited with the Tribunal. It is submitted that the applicants are legal heirs of the deceased. The deceased was the only earning member of the family. On his death, the applicants are having no source of income.

2.

Learned counsel for the respondents takes objection to the withdrawal of the amount of compensation on the reasons mentioned in the appeal memo.

1/2

(35) FA 3621-16 3.

In view thereof, the application is allowed partly. The applicants are permitted to withdraw 50% of the amount of compensation deposited in this Court on furnishing usual undertaking but without security.

4.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2