Mrs. Pramila Narayan Suryawanshi And ANR. v. Divisional Manager, The New India Assurance Company Ltd.

1 CAF 4462-16 in FA 20-16.doc-927

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4462 OF 2016 IN FIRST APPEAL NO.20 OF 2016 Mrs. Pramila Narayan Suryawanshi & Anr.

] ... Applicants In the matter between :

Divisional Manager, ] The New India Assurance Co. Ltd.

] ... Appellant

Versus

Sou. Pramila Narayan Suryawanshi & Ors.

] ... Respondents Mr. B. G. Ligade for Applicants / Original Respondent Nos.1 and 2. Mr. S. M. Dange for Appellant.

CORAM :- DR. SHALINI PHANSALKAR-JOSHI, J.

DATE :- OCTOBER 26, 2016 P. C. :- 1.

This is an application preferred by the original claimant seeking withdrawal of the amount of compensation as deposited by the appellant with the Tribunal.

2.

It is submitted that the applicants are the parents of the URS 1 of 2

2 CAF 4462-16 in FA 20-16.doc-927 deceased. Taking into consideration their age and their requirement for medical expenses, they may be permitted to withdraw the entire amount of compensation.

3.

The learned Counsel for respondent opposes the application for withdrawal of the entire amount of compensation on the count that the appeal is preferred challenging the quantum of compensation. The appellant has not disputed the amount of compensation to the tune of Rs.9,95,000/-.

4.

In my considered opinion, therefore, to that extent i.e. the amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) can be permitted to be withdrawn by the applicants, subject to furnishing of usual undertaking. Ordered accordingly.

5.

Civil Application is accordingly disposed of. (DR.SHALINI PHANSALKAR-JOSHI, J.) URS 2 of 2