Shantabai Navnath Jadhav And Others v. United India Insurance Co. Ltd. Thr Its Div. Manager Aurangabad And ANR

908 ca.6761.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

908 CIVIL APPLICATION NO.6761 OF 2022 IN FA/2283/2015 SMT. SHANTABAI NAVNATH JADHAV AND OTHERS

VERSUS

UNITED INDIA INSURANCE CO. LTD.

THROUGH ITS DIV. MANAGER AURANGABAD AND ANOTHER ...

Advocate for Applicants : Ms. Vinaya Dharurkar (Muley). Advocate for Respondent No.1: Mr. Swapnil S. Rathi. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

29th April, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants.

Heard Ms. Vinaya Dharurkar, learned counsel for the applicants/ claimants and Mr. Swapnil Rathi, learned counsel for respondent No.1/ insurance company.

Perused the earlier order passed by this Court dated 22nd July, 2016 in Civil Application No.7248 of 2016. Vide order dated 22nd July, 2016, this Court was pleased to allow the major applicants i.e. applicant Nos.1 and 5 to withdraw the amount of compensation of their respective shares, however, on furnishing undertaking with the Registry. Now, applicant Nos.2 to 4 have become major and they are

908 ca.6761.22.odt seeking withdrawal of compensation of their respective shares. By taking the same recourse, the application needs to be allowed. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed.

II.

The applicant Nos.2 to 4 are hereby permitted to withdraw the compensation of their respective shares as determined by the Tribunal while passing judgment and award in MACP No.131 of 2010, however, on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga