Shabana Begum Mainu Khureshi v. The Divisional Manager Shrirampur General Insurance Co Ltd

1 937 CA 668-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO.668 OF 2023 IN FAST/24397/2022 SHABANA BEGUM MAINU KHURESHI

VERSUS

THE DIVISIONAL MANAGER SHRIRAMPUR GENERAL INSURANCE CO LTD ...

Advocate for Applicant : Mr. V. D. Patnurkar Advocate for Respondent : Mr. S. S. Rathi ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 17/02/2023.

P. C. :

1.

Heard.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the appellantinsurance company with the learned trial court i.e. Labour Court at Nanded alongwith the interest accrued thereon. 3.

The learned counsel for the appellant - insurance company opposed the application on the ground that the deceased was not covered under the insurance policy. However, considering the observations of the learned Trial Court and at this juncture the applicant Nos.1, 2 & 6 are permitted to withdraw 50% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date i.e. 25% on furnishing on usual undertaking and 25% on furnishing solvent surety / security to the satisfaction of the learned Trial Court.

2 937 CA 668-2023 4.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of this appeal. 5.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-