Shri. Jayashree Rajendra Pathak And ORS. v. The New India Assurance Co.Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1839 OF 2005 WITH INTERIM APPLICATION NO.1844 OF 2019 Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.06.27 16:49:22 +0530 SHAMBHAVI NILESH SHIVGAN The New India Assurance Co.

Ltd.

...Appellant

Versus

Jayashree R. Pathak and Ors.

...Respondents

.....

Ms. Jyoti Bajpayee for the Appellant.

Mr. Satish S. Raut for Respondent Nos.1 to 4 in FA and for applicant in IA.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- INTERIM APPLICATION NO.1844 OF 2019 1.

By this application, the applicant has sought withdrawal of the 50% of the compensation on the ground of higher education of her children. Applicants-Original Claimants are already permitted to withdraw 50% compensation with proportionate interest thereon. Appeal challenges the quantum of compensation awarded. 2.

Considering the above facts, I am not inclined to allow withdrawal of the balance amount of compensation. 1/3

3.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1839 OF 2005 The New India Assurance Co.

Ltd.

...Appellant

Versus

Jayashree R. Pathak and Ors.

...Respondents

.....

Ms. Jyoti Bajpayee for the Appellant.

Mr. Satish S. Raut for Respondent Nos.1 to 4 in FA and for applicant in IA.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 24th JUNE, 2022.

P.C.:- Call for records and proceedings.

Stand over two weeks, I.e, 8th July, 2022 on Supplementary Board.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3