Kailas Datta Kathore And ORS v. Tushar Tours And Travels Thr Its Proprietor, Aurangabad And ORS

925 ca.7115.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

925 CIVIL APPLICATION NO.7115 OF 2022 IN FA/2812/2021 KAILAS DATTA KATHORE AND OTHERS

VERSUS

TUSHAR TOURS AND TRAVELS, THROUGH ITS PROPRIETOR, AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Mohit R. Deshmukh. Advocate for Respondent No.3: Mr. S. S. Patil. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

05th May, 2022.

P.C.:

.

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

Heard Mr. Deshmukh, learned counsel for the applicants/ claimants and Mr. S. S. Patil, learned counsel for respondent No.3/Reliance General Insurance Company Limited. Perused the impugned judgment and award passed in MACP No.722 of 2015. It was a death claim and the Tribunal was pleased to determine the compensation at Rs.13,77,200/-. The insurance company has challenged the impugned judgment and award mainly on the ground of quantum.

925 ca.7115.22.odt Having regard to the submissions made by the learned counsel for both the sides and looking to the challenge in the appeal, I am convinced to allow the claimants to withdraw 50% of the amount of compensation, which would meet the ends of justice. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants/claimants are hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court in equal proportion.

III.

Remaining 50% balance amount of compensation with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

IV.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga