Shakil Babumiya Shaikh v. The Divisional Manager, The National Insurance Co. Ltd. And ANR

CA 8434/18 in FA 1193/17 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 8434 OF 2018 IN FA/1193/2017 WITH CA/16244/2016 IN FA/1193/2017 SHAKIL BABUMIYA SHAIKH

VERSUS

THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicant : Shri Kore Ganesh J Advocate for Respondent no.1 : Shri S. N. Pagare .....

CORAM: V.L. ACHLIYA, J.

DATE: 13.07.2018 PER COURT :

1] Heard learned counsel for the applicant and the respondent no.1. Perused the impugned judgment and award passed by the Tribunal.

2] The applicant has moved this application seeking permission to withdraw the amount deposited by the appellant - Insurance Company towards satisfaction of the award.

3] Considering the overall facts of the case, the grounds raised in the appeal, I am inclined to pass the following order :-

O R D E R

a] The application is partly allowed.

CA 8434/18 in FA 1193/17 - 2 - B] The applicant is permitted to withdraw the amount to the extent of amount deposited by appellant Insurance Company and the same be paid to the applicant by transferring the amount in his savings bank account.

C] The balance amount togetherwith interest be invested in fixed deposit with State Bank of India, High Court Branch, Aurangabad, initially for a period of two years with standing instructions to reinvest the same till disposal of the appeal and further orders to be passed by this Court.

4] The application is disposed of in the aforesaid terms.

(V.L. ACHLIYA, J.) ndk/c1371824.doc