Jankabai Babruwan Bhawal And ORS v. The New India Assurance Co. Ltd, Thr Its Authorized Signatory, Aurangabad And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6655 OF 2020 IN FIRST APPEAL NO.2694 OF 2017 Jankabai w/o Babruwan Bhawal & ors.

...APPLICANTS

Versus

The New India Assurance Company Ltd., Through its Branch Manager, Branch Latur & ors.

...RESPONDENTS Mr S.V. Mundhe, Advocate for the applicants; Mr A.B. Kadethankar, Advocate for respondent no.1 CORAM : ABHAY AHUJA, J.

DATE : 29-01-2021 P.C.

Heard learned Counsel for the applicants and for respondent no.1 - insurance company.

2.

The Civil Application is being fled for the purpose of withdrawal of the amount deposited by the insurance company in First Appeal No.2694 of 2017, which has come to be decided by the judgment of this Court, pronounced on 05-11-2019, whereby this Court has dismissed the First Appeal fled by the insurance company.

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It is submitted by both the Counsel that the insurance company has accepted the decision of this Court in the First Appeal.

4.

Learned Counsel for the applicants submits that by an order dated 10-01-2018 the original claimants-present applicants were permitted to withdraw 50% of the compensation amount that was deposited in this Court. It is submitted that the balance 50% amount still remains deposited with this Court and the applicants are seeking to withdraw the entire balance compensation along with interest, lying with the Court. 5.

Considering that the insurance company has accepted the decision of this Court, this Court deems it ft to allow the application of the original claimants-applicants to withdraw the balance of the amount with interest remaining with this Court. Civil Application accordingly stands disposed of. (ABHAY AHUJA) JUDGE amj