Dashrath Dnyanoba Shinde (Expired) Thr. Lrs. Mrs. Usha Dashrath Shinde v. The New India Assurance Co. Ltd. Through Mumbai Regional Office-I

P.H. Jayani 30(B) IA10473.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10473 OF 2022 IN FIRST APPEAL NO. 576 OF 2016 Shri. Dashrath Dnyanoba Shinde (since deceased through legal heirs) :

Mrs. Usha Dasharath Shinde .... Applicant In the matter between :- The New India Assurance Co. Ltd.

.... Appellant v/s.

Shri. Dashrath Dnyanoba Shinde (since deceased through legal heirs) :

Mrs. Usha Dashrath Shinde and ors.

.... Respondents Mr. Rajesh More for the Applicant Ms. S.S. Dwivedi for the Appellant - Insurance Co. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th JULY, 2022.

P. C. :- .

By this Application, the Applicant - original claimant has sought withdrawal of the compensation deposited by the Appellant - Insurance Company vide judgment dated 16/01/2015 passed by the Ad-hoc District Judge-1, Pune in MACP No.371/2011. 2.

Considering the reasons stated in the Application and the 1/2

P.H. Jayani 30(B) IA10473.2022.doc grounds raised in the Appeal memo, the Applicant is permitted to withdraw 50% of the compensation with proportionate interest accrued thereon.

3.

The Applicant shall give an undertaking to the Claims Tribunal, Mumbai that she shall refund the amount with interest in the event the Appellant - Insurance Company succeeds in the Appeal. The Tribunal to re-invest the balance amount of compensation in any nationalized bank until further orders.

4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.08.02 17:09:26 +0530 2/2