Gayatri W/O Ishwar Galange And ORS v. The New India Assurnace Co Ltd Through Its Divsiional Manager And ORS

2024:BHC-AUG:4522 929-CA.2343-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 2343 OF 2024 IN FA/2933/2023 GAYATRI W/O ISHWAR GALANGE AND ORS

VERSUS

THE NEW INDIA ASSURNACE CO LTD THROUGH ITS DIVISIONAL MANAGER AND ORS .....

Advocate for Applicant : Ms. Jadhav Tanvi V.

Advocate for Respondent No.1 : Mr. A. B. Kadethankar. .....

CORAM : S. G. MEHARE, J.

DATE :

01.03.2024 PER COURT :- 1.

Heard the respective learned counsels.

2.

The appeal has been preferred on the ground that the additional income of the deceased was not proved. Therefore, the excess compensation has been granted. The statement has been made that the deceased was the sole legal heir of the claimants. In view of the fact, the learned Tribunal has awarded the compensation to both applicants. Hence, the following order is passed :

O R D E R

(i) Application is partly allowed.

929-CA.2343-24.odt (ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) To make the payment easy, the Nazir is directed to transfer the amount to the MACT at Majalgaon. The Member, MACT should release the amount on obtaining the above undertaking to the applicants equally.

(S. G. MEHARE, J.) ...

vmk/-