Smt.Aphasari Samidali Khan And ORS. v. New India Assurance Company Limited

25-1804-2019-CAF=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.06.06 14:40:36 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1804 OF 2019 IN FIRST APPEAL (ST.) NO. 20398 OF 2015 Mrs. Aphasari Samidali Khan & Ors.

.. Applicants Vs.

The New India Assurance Co. Ltd.

.. Respondent .....

Ms. Amin Khan i/b Mr. A.M. Gokhale for the applicants Ms. Pooja Yadav a/w Mr. D.R. Mahadik for respondent nos. 1 to 5 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th JUNE, 2023 P.C.

1.

This is an application for withdrawal of the amount of compensation deposited by the insurer.

2.

Heard learned Counsel for the applicants and the respondent. 3.

The applicants are allowed to withdraw 50% of the amount of compensation with accrued interest as on today, subject to undertaking that if the appeal succeeds, they will deposit the entire

25-1804-2019-CAF=.doc amount with interest as may be directed. The amount of compensation be apportioned amongst the respondents in equal proportion after due verification.

4.

The application is disposed of.

(PRITHVIRAJ K. CHAVAN, J.)