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Bombay High CourtCA/6435/2015admittedallowedgrantedrule absolute

Nilawatibai @ Nilabai Kamaji Jadhav And Another v. The Reliance General Insurance Company Ltd. And Another

2015-06-10Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 6435 OF 2015 IN FAST/32293/2014 NILAWATIBAI @ NILABAI KAMAJI JADHAV AND ANOTHER

VERSUS

THE RELIANCE GENERAL INSURANCE COMPANY LTD. AND ANOTHER ...

Advocate for Applicants : Mr. Dhage Vaibhav B. Advocate for Respondent No.1: Mr. S. G. Chapalgaonkar. *** CORAM: T. V. NALAWADE, J.

DATED: 10th JUNE, 2015.

PER COURT:

1.

The application is filed for withdrawal of the amount deposited before the Commissioner appointed under the Workmen's Compensation Act. The amount is deposited as compensation in respect of the death of husband of the applicant No.1 Nilawatibai. The Insurance Company has challenged the decision on the ground that there was no relationship as employer and employee between the deceased and the owner of the vehicle. In view of the submissions made, this Court

-:(2):- holds that the applicants may be allowed to withdraw the amount of Rs.3 Lakhs at this state and the appeal itself can be disposed of at admission state. 2.

So, the application is allowed in those terms and disposed of. Undertaking is to be given by widow that in case the decision goes against her she is to return the amount with interest at the rate of 9% p.a.

[T. V. NALAWADE, J.] Dt.10/06/2015 ans/6435