Shri. Chandrabhan Bhisen Bhad And ORS. v. National Insurance Company Ltd.

Chitra Sonawane 13(3)-CA-2756-2019withdrawal.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2756 OF 2019 IN FIRST APPEAL [STAMP] NO.25201 OF 2018 Chandrabhan Bhisen Bahd & Ors.

]...Applicants.

IN THE MATTER BETWEEN:

National Insurance Co. Ltd.

]... Appellant.

Vs.

Chandrabhan Bhisen Bhad & Ors.

]...Respondents.

....

Miss Avanti Inamdar i/b RN Gite for applicant and respondent in FA. Mr.Nikhil Mehta i/b KMC Legal Venture for appellant and respondent in CA.

....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 17TH FEBRUARY, 2021.

P.C. :

1.

This is an application for withdrawal of an amount of compensation by applicants on the ground that , they have lost their son and there is no earning member in the family. 2.

Mr.Nikhil Mehta, learned Counsel for the appellant objects withdrawal of entire amount of compensation.

3.

However, considering the reasons in the application, the applicants are permitted to withdraw 50% of the amount of compensation with 1 / 2

Chitra Sonawane 13(3)-CA-2756-2019withdrawal.doc accrued interest. At the time of withdrawal of the amount, the applicants shall give an Undertaking that in case, the appeal succeeds, they shall refund the amount with interest as per the outcome of appeal. 4.

After withdrawal of 50% of amount, the balance amount shall be invested in a Fixed Deposit in any Nationalized Bank for a period of one year and thereafter, for one more year after obtaining orders from this Court.

5.

Application stands disposed of.

[PRITHVIRAJ K.CHAVAN,J.] 2 / 2