Laxmibai Shankar Lashkare And ORS v. National Insurance Co. Ltd. Aurangabad And ANR

( 1 ) ca5965.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.5965 OF 2023 IN FA/1857/2019 LAXMIBAI SHANKAR LASHKARE AND ORS

VERSUS

NATIONAL INSURANCE CO. LTD. AURANGABAD AND ANR Mr.Taher Ali Quadri, Advocate for the applicants. Mr.A.B. Kadethankar, Advocate for the respondents.

CORAM

:

KISHORE C. SANT, J.

DATED :

08.09.2023 PC :- 01.

Heard learned Advocates for the parties. The applicant is original claimant along with others in whose favour the Tribunal has passed award by judgment and order dated 30.06.2018. The insurance company has filed First Appeal challenging the award. Pursuant to directions of this Court, 100% amount as per award is deposited in this Court. Other claimants/applicants had filed application for withdrawal of the amount of compensation that is deposited in this Court. This Court by order dated 04.12.2019 allowed to withdraw the amount to the extent of 75% in respect of other applicants. Since applicant No.3 was minor at that time, no order was passed in his respect. Applicant No.3 has now become major and has not filed this application seeking withdrawal of the amount.

( 2 ) ca5965.23 02.

As this Court has already allowed other applicants to withdraw the amount of compensation to the extent of 75% of the deposited amount as per their respective share, this Court finds that this application also needs to be allowed.

03.

Hence, this application is allowed. Applicant No.3 shall be entitled to withdraw 75% of the amount with accrued interest of his share deposited in this Court by the appellant/respondent by giving usual undertaking.

04.

The civil application stands disposed off.

[KISHORE C. SANT, J.] snk/2023/SEP23/ca5965.23