Suresh Sanduji Ingle And ANR v. The National Insurance Co. Ltd., And ORS

ca9783.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 9783 OF 2017 IN FA/1651/2017 SURESH SANDUJI INGLE AND ANR

VERSUS

THE NATIONAL INSURANCE CO. LTD., AND ORS ...

Advocate for Applicants : Mr. Jawale Sudam W. Ajit B. Kadethankar For R/1 .....

CORAM : K.L.WADANE, J.

DATED : 8th September, 2017 O R D E R :

Heard learned counsel for both sides.

2.

This is an application for withdrawal of amount of compensation deposited in this Court by the Insurance Company.

3.

Learned counsel for the respondent/Company submits that appeal is presented on the ground of quantum, therefore, the Insurance Company has objection to pay entire amount of compensation. In view of above, at present award is in favour of the applicants. Therefore, at least 75 per cent of the amount can be permitted to be withdrawn by the applicants.

ca9783.17 4.

Hence, Civil Application is allowed. The applicants are permitted to withdraw 75 per cent of the amount on undertaking that in case adverse orders are passed in the appeal, then they will deposit the amount of compensation in this Court within a period of 12 weeks.

5.

Civil Application is disposed of.

(K.L.WADANE, J.) dbm