Ruksana Aslam Havaldar And Others v. Bajaj Allianz General Insurance Co. Ltd. , Pune

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1775 OF 2015 IN FIRST APPEAL NO. 1293 OF 2014 Ruksana w/o Aslam Havaldar, Age: 22 years, Occ. Household, R/o Kadaknathwadi, Tq. Washi, District : Osmanabad & ors.

...Applicants versus Bajaj Allianz General Insurance Co. Ltd., Pune Through its Branch Manager, Bajaj Allianz General Insurance Co. Ltd., City Pride, 2nd Floor Office No. 4 & 8, Near City Hospital, Old Employment Chowk, 102, Railway Lines, Solapur 431001 Through Branch Manager, 2nd Floor, Rajendar Chamber, Adalat Road, Aurangabad.

...Respondent

.....

Mr. Anil H. Kasliwal, Advocate for applicants. Mr. S. G. Chapalgaonkar, Advocate for respondent. .....

CORAM : N.W. SAMBRE, J.

DATE : 27TH MARCH, 2015 ORAL ORDER :

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The amount is deposited before the trial Court as ordered by the tribunal. The present application is seeking permission to withdraw the amount, which is objected by the appellant in view of the dispute about the liability of appellant to pay the same.

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There is no dispute that the Commissioner has recorded cogent reasons in support of granting quantum of compensation amount. Hence, it will be appropriate to permit the applicants herein to withdraw the amount, as is deposited before the Commissioner for Employee's Compensation, Osmanabad in terms of an order dated 03/04/2014, provided that the claimants herein gives an undertaking that in case if the appeal is allowed, they shall make the good loss. The civil application is disposed of in above terms. [ N.W. SAMBRE, J. ] Tupe/27.03.15