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Bombay High CourtCAF/4548/2016disposed off

Smt. Sunita Satish Kadam And Arn. v. The New India Assurance Co. Ld. And ORS.

2016-10-25Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

OSK 12-caf-4548-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4548 OF 2016 IN FIRST APPEAL (STAMP) NO. 6623 OF 2015 Smt.Sunita Satish Kadam & Anr.

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

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Appellant

Versus

Smt.Sunita Satish Kadam & Ors.

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Respondents Mr.Bhushan Walimbe for Applicants.

Ms.Shalini Shankar for Respondent in CAF/4548/2016 and Appellant in FAST/6623/2015.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 25TH OCTOBER, 2016.

P.C. :

1] This application is preferred by the original Claimant Nos.1 and 2 seeking withdrawal of the amount of compensation as deposited by respondent-Insurance Company in the Tribunal. 2] Considering the requirements of the Original Claimant Nos.1 and 2 and having regard to the fact that Appeal is not likely to be heard immediately, the Applicant No.1 is permitted to withdraw 50% amount of her share. As regards Applicant No.2 who is minor, Applicant No.1 is also permitted to withdraw quarterly interest amount on the share of the amount of Applicant No.2 which is 1/2

OSK 12-caf-4548-2016.odt deposited in the "Nationalized Bank". Applicant No.1 is permitted to withdraw the amount of her share and interest on the amount of share of Applicant No.2, subject to furnishing of usual undertaking. 3] Civil Application is disposed of accordingly. (DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2