Smt. Asmakhatun Mohd. Shakil Pathan And ORS. v. New India Assurance Company Limited

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3820 OF 2017 IN FIRST APPEAL (STAMP) NO.35545 OF 2016 Asmakhatun Mohd. Shakil Pathan and Ors.

.... Applicants In the matter between New India Assurance Co. Ltd., Mumbai .... Appellant V/s.

Asmakhatun Mohd. Shakil Pathan and Ors.

.... Respondents Mr. Tejpal S. Ingale for Applicant Nos.1 to 4 and 6. Mr. Devendranath S. Joshi for the Appellant-Insurance Company. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 19 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Ingale, learned counsel for Applicant Nos.1 to 4 and 6, and Mr. Joshi, learned counsel for the Appellant-Insurance Company. 2.

This is an application for withdrawal of the entire amount of compensation. Applicants are the Original Claimants. 3.

Considering that the Appeal is preferred only in respect of quantum of compensation and also having regard to the requirements of the Applicants, the Applicants are permitted to withdraw 50% of the amount of compensation deposited by the Appellant-Insurance Company in the Trial Court, subject to furnishing usual undertaking. 4.

Civil Application is disposed off.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1 CAF-3820-17==.doc