Smt. Ranjanbai Sopan Bhad And ORS. v. National Insurance Company Ltd.And ORS.

Chitra Sonawane 13(4)-CA-2648-2019inFAST-25191-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2648 OF 2019 IN FIRST APPEAL [STAMP] NO.25191 OF 2018 Mrs.Ranjanabai Sopan Bhad & Ors.

]...Applicants.

IN THE MATTER BETWEEN:

National Insurance Co. Ltd.

]... Appellant.

Vs.

Mrs.Ranjanabai Sopan 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 applicant no.1 is the widow of the deceased and he was the sole earning member in the family. Applicant nos.2 and 3 are studying.

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 1 / 2

Chitra Sonawane 13(4)-CA-2648-2019inFAST-25191-18.doc are permitted to withdraw 50% of the amount of compensation with 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 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