Smt. Ranjana Ankush Kudale And ORS. v. The New India Assurance Co. Ltd. And ORS.

Megha 17_caf_4405_2017_withdrawal.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4405 OF 2018 IN FIRST APPEAL (STAMP) NO.22585 OF 2017 Smt. Ranjana Ankush Kudale and Ors.

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

...Appellant

Versus

Smt. Ranjana Ankush Kudale and Ors.

...Respondents

.....

Ms D. Shalini Sheeka for the Appellant.

Mr. Bhalchandra Joshi for the Respondent nos.1, 3 and 4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 4th MARCH, 2019.

P.C.:- By this application the Applicants have sought withdrawal of the compensation deposited by the Respondent-Insurance Company as per the judgment and award dated 10/1/2017 passed by the Member, M.A.C.T., Baramati in MACP No.69 of 2014. 2.

The Tribunal has ordered that out of total compensation of Rs.18,57,750/-, an amount of Rs.11,57,750/- is paid to the Applicant Megha 1/2

Megha 17_caf_4405_2017_withdrawal.doc No.1-widow and compensation of Rs.3,50,000/- each to be paid to the Applicant Nos.2 and 3, who are sons of the deceased. Considering the grounds stated in the application as well as grounds raised in the appeal, compensation of Rs.5,78,000/- is ordered to be paid to the Applicant No.1 and compensation of Rs.1,75,000/- each to the Applicant Nos.2 and 3.

3.

The learned Member, M.A.C.T., Baramati to invest balance amount of compensation in any Nationalised Bank until further orders. 4.

It is made clear that the payment is subject to the final outcome of the appeal. The Applicants shall file an undertaking before the Tribunal that he will abide by the final order that may be passed in the appeal.

5.

The civil application stands disposed of in above terms. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2