Drupatabai W/O Eknath Dongare v. The Oriental Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ORS

{1} CIVIL APPLICATION NO. 8201 OF 2022 IN Draupatabai w/o Eknath Dongare The Oriental Insurance Co. Ltd. & others Mr. G. J. Pahilwan, advocate for the Applicant Mr. A. S. Deshpande with Mr. A. A. Puranik, advocates for Respondent No.1.

Leave to correct name of the applicant.

Heard learned Counsel for respective parties. The applicant is seeking withdrawal of entire amount which has been deposited by present Respondent No.1-Insurance Company, who has fled the main appeal.

The learned Counsel for Respondent No.1-Insurance Company has strongly opposed the application on the ground that though the Insurance Company has deposited the entire amount under the award along with interest, but the learned Tribunal had apportioned the said amount equally between the present applicant and Respondent No.4 herein. It appears from the record

{2} that the present applicant and Respondent No.4 are wife and husband who lost their son in the accident.

The learned Counsel for the applicant submits that the Respondent No.4 is missing since last two years and, therefore, there is no point in keeping the amount of compensation of his share with this Court. The learned Counsel for Respondent No.1Insurance Company raised objection to the same. In view of the same, only 50% amount of the impugned award along with the interest accrued thereon can be paid to the present applicant, at this juncture. The applicant is, therefore, permitted to withdraw 50% amount of the impugned award along with the interest accrued thereon till date on furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. Civil Application stands disposed of.

{3} CIVIL APPLICATION NO. 1458 OF 2018 IN The Oriental Insurance Co. Ltd.

Eknath Balaji Dongre & others Mr. A. S. Deshpande, advocate with Mr. A. A. Puranik, advocate for the Applicant Mr. G. J. Pahilwan, advocate for Respondent No.3. At the request of learned Counsel for the applicantInsurance Company, re-issue notice to Respondents No.1 and 4, returnable on 21.11.2022.

{4} CIVIL APPLICATION NO. 1459 OF 2018 IN The Oriental Insurance Co. Ltd.

Eknath Balaji Dongre & others Mr. A. S. Deshpande, advocate with Mr. A. A. Puranik, advocate for the Applicant Mr. G. J. Pahilwan, advocate for Respondent No.3. Since the applicant-appellant Insurance Company has deposited the entire amount of the impugned award along with interest in this Court, as per the order dated 21st February, 2018, the stay application is made absolute in terms of prayer clause "B" and is accordingly disposed of.