Shrirang Bajirao Raut And ORS v. President The M.S.S.K.Ltd., Malegaon (Bu) And ORS

{1} CIVIL APPLICATION NO.1648 OF 2020 IN Applicants President, the M. S. S. K. Ltd., Malegaon (Bu) & others Mr. S. B. Choudhari, advocate for the Applicants Mr. D. P. Deshpande, advocate for Respondent No.5. Leave to correct names of Respondents No.2 and 3 in the application, as per the appeal.

Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.

However, learned Counsel for the appellant-Insurance Company has strongly opposed the application on the ground that the document of policy in this matter is of special nature and there is limited liability under the policy and the said policy is not under Workmen's Compensation Act. However, he further submitted that

{2} the appellant-Insurance Company has already deposited Rs.1,60,000/-, through Respondents No.1 and 2, in the lower Court and he has no objection for withdrawal of that amount under the concept of limited liability.

Thus, the ground raised by the appellant-Insurance Company, in this appeal, goes to the root of the matter and needs thorough consideration.

The learned Counsel for the applicants, on instructions, submits that the applicants have already withdrawn an amount of Rs.1,00,000/- (Rs. One lakh) out of the said amount of Rs.1,60,000/- (Rs. One lakh Sixty thousand) from the lower Court.

As such, the applicants are now permitted to withdraw remaining amount of Rs.60,000/- (Rs. Sixty thousand) along with accrued interest thereon till date from the lower Court on furnishing usual undertaking to the satisfaction of concerned lower Court.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 14827 OF 2019 IN The Oriental Insurance Co. Ltd.

Applicant Mr. D. P. Deshpande, advocate for the Applicant Mr. S. B. Choudhari, advocate for Respondents No.1 to 3. Heard rival submissions.

The applicant-Insurance Company is seeking condonation of delay of 269 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondents-claimants.

Hence, by considering the statutory right of the applicant, delay of 269 days stands condoned. Appeal be placed for admission after removal of offce objections, if any.

Civil Application stands disposed of.

{4} CIVIL APPLICATION NO. 14828 OF 2019 IN The Oriental Insurance Co. Ltd.

Applicant Mr. D. P. Deshpande, advocate for the Applicant Mr. S. B. Choudhari, advocate for Respondents No.1 to 3. Since the applicant-Insurance Company has deposited entire amount of compensation with the learned trial Court, the application is made absolute in terms of prayer clause {B} and disposed of.

It is made clear that the respondents-claimants are at liberty to take out necessary proceedings for recovery against the other respondents except the present appellant.