The New India Assurance Company Ltd v. Sou Sindhubai Vishnu Sonawane And Others
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.2291 OF 2023 IN FIRST APPEAL ST. NO. 19611 OF 2022 Sou. Sindhubai w/o Vishnu Sonawane and another Applicants
Versus
The New India Assurance Co. Ltd.
And others Respondents Mr. K. B. Jadhav, advocate for the Applicants Mr. A. S. Usmanpurkar, advocate for Respondent No.1. CORAM : SANDIPKUMAR C. MORE, J.
DATE : 23rd February, 2023.
PC :
Heard rival submissions.
The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.
The learned Counsel for Respondent No.1Insurance Company strongly opposed the application on the ground that the learned Tribunal has awarded exorbitant amount of compensation by wrongly considering the notional
{2} income of minor boy to the extent of Rs.8000/- per month and also added 40% future prospects.
Therefore, at this juncture, the applicants are permitted to withdraw 50% of the deposited amount along with accrued interest thereon till date by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The aforesaid amount be distributed between the applicants in equal proportion. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis till final disposal of the appeal.
Civil Application is disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.11306 OF 2022 IN FIRST APPEAL ST. NO. 19611 OF 2022 The New India Assurance Co. Ltd.
Applicant
Versus
Sou. Sindhubai w/o Vishnu Sonawane and others Respondents Mr. A. S. Usmanpurkar, advocate for the Applicants Mr. K. B. Jadhav, advocate for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.
DATE : 23rd February, 2023.
PC :
The applicant-Insurance Company is seeking condonation of delay of only 33 days.
Considering the short period of the delay, it stands condoned.
Appeal be placed for admission after removal of office objections, if any.
Civil Application is disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb