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Bombay High CourtCAF/115/2015allowed

Mrs. Jyothsna Satish Rao And ORS. v. The National Insurance Co. Ltd.

2015-01-14Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik1 pages

24.CAF115_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 115 OF 2015 IN FIRST APPEAL NO. 796 OF 2013 Mrs. Jyothsna Satish Rao & Ors.

... Applicants vs.

The National Insurance Co. Ltd. & Ors.

...

Respondents Mr. K.S. Patil, Advocate for the applicants.

Mr. A.B. Gatne, Advocate for the respondents. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 14th January, 2015.

P.C.

Heard the learned counsel for the parties. Perused the contents of the Application. Also perused the award of the Tribunal dated 19th December, 2012. Since the award of compensation is challenged mainly on the ground of quantum, we permit the applicants to withdraw 20% of the amount deposited by the appellant company, excluding the amount of Rs.3,00,000/- that was permitted to be withdrawn by the applicant no. 1 during the pendency of the Appeal. So also, the applicant no. 1 is permitted to withdraw the interest on the remaining amount as directed by the Tribunal for and on behalf of the applicant nos. 1 and 2. Civil Application is allowed in the aforesaid terms and disposed of. (C.V. BHADANG, J.) (VASANTI A. NAIK, J.)