Anita Ramesh Shinde And ORS v. The New India Assurance Co. Ltd., Thr Its Authorized And Div. Manager, Aurangabad And ANR

923 ca.5589.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

923 CIVIL APPLICATION NO.5589 OF 2022 IN FA/120/2019 ANITA RAMESH SHINDE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS AUTHORIZED AND DIV. MANAGER, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. Abhijit Choudhari h/f Mr. Ashutosh S. Kulkarni. Advocate for Respondent No.1: Mr. A. A. Puranik, h/f Mr. A. S. Usmanpurkar. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

26th April, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants/claimants in a disposed of appeal. Heard Mr. Abhijit Choudhari, holding for Mr. A. S. Kulkarni, learned counsel for applicants and Mr. A. A. Puranik, holding for Mr.A.S. Usmanpurkar, learned counsel for the insurance company. Perused the copy of order passed by this Court in First Appeal No.120 of 2019. This Court was pleased to reassessed the compensation and determined the compensation at Rs.31,04,690/-. It is further revealed during the course of argument that claimant Nos.1, 4 and 5 have already withdrawn their 60% of the amount of compensation with interest vide order passed by this Court dated 30th January, 2019.

923 ca.5589.22.odt In view of disposal of appeal, there is no propriety in keeping the amount idle with the Registry. The application needs to be allowed. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clauses 9(A) and (B).

II.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga