Sharnabai Kalyani And ORS. v. New Indian Assurance Co Ltd.

Tikam 1/2 28-IA 1100/2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VAISHALI ANIL TIKAM INTERIM APPLICATION No. 1100 OF 2022 IN FIRST APPEAL No. 1354 OF 2005 by VAISHALI ANIL TIKAM Date:

2022.04.08 11:01:49 +0530 Sharnabai Kalyani and Ors.

...Applicants In the matter between New India Assurance Co. Ltd.

...Appellant Vs.

Sharnabai Kalyani and Ors.

...Respondents

* * * * Ms. Deepti B. Mistry, Advocate for Applicants and for Respondent Nos. 1 to 4 in FA No. 1354 of 2005 Coram : Sandeep K. Shinde, J.

Dated: 7 th APRIL, 2022.

P.C. :

1.

Heard the learned counsel for the Applicants. None appears for the Respondent- New India Assurance Co. Ltd. 2.

Applicants were dependents of deceased Shripati Kalyani, who died in the course of his employment, in the year 2001. Thereafter the Commissioner for Worksmen's Compensation awarded compensation in the sum of Rs.4,42,740/-. In appeal preferred by the Appellant -New India Assurance Co. Ltd., Respondents- Applicants herein are seeking withdrawal of the

Tikam 2/2 28-IA 1100/2022 compensation. In consideration of the facts of the case, the Applicants are permitted to withdraw the remaining amount of compensation, against the security to the satisfaction of the Commissioner for Workmen's Compensation, Thane. 4.

Interim Application is allowed and disposed of in the aforesaid terms.

(Sandeep K. Shinde, J.)