Smt. Baby Vishwanath Shetty And ORS. v. The New India Assurance Co. Ltd. And ANR.

7 caf 1241-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1241 OF 2019 IN FIRST APPEAL (ST) NO. 10996 OF 2017 Smt. Baby Vishwanath Shetty & Ors.

..Applicants v/s.

The New India Assurance Co. Ltd. & Anr.

..Respondents Mr. Abhijit Desai, i/b. Jitendra Patil for the Applicant . None for the Respondent.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th NOVEMBER, 2022.

P.C.

1.

By this application, the Applicant has sought withdrawal of the compensation deposited by the Appellant Insurance Company as per the Judgment and Award passed by the Claims Tribunal. 2.

Having considered the reasons stated in the application the Applicants are permitted to withdraw 50% of the compensation with proportionate interest accrued thereon, subject to filing an undertaking that they shall refund the amount with proportionate interest, in the event the Appellant insurance company succeeds in the appeal. 3.

Civil Application stands disposed of.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.11.17 19:09:37 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) P P SALGAONKAR