Anita Lahu Koli And ANR v. The New India Assurance Company Ltd Latur Through The Branch Manager And ANR

2024:BHC-AUG:20188 969-CA-9135-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9135 OF 2024 IN FA/1939/2024 Anita Lahu Koli And Anr

VERSUS

The New India Assurance Company Ltd Latur Through The Branch Manager And Anr *** • Ms. N. N. Gore, Advocate for Applicants • Mr. M. D. Shinde, Advocate for Respondent No. 1 • Mr. A. D. Sonkawade, Advocate for Respondent No. 2 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

This application is for withdrawal of the amount by the original claimants. Applicants are widow and son of the deceased.

2.

Application is vehemently opposed by learned Advocates for respective Respondents.

3.

Considering that the Applicants are not in a position to offer security, this Court is inclined to allow Applicant to withdraw 60% of the amount along with interest by filing undertaking that in case Appeal is allowed they shall redeposit the amount within 12 Umesh

969-CA-9135-2024.odt weeks from such judgment. The undertaking be filed with the Commissioner under Employees Compensation Act/CJSD, Osmanabad. The CJSD, Osmanabad to allow the Applicants to withdraw the amount along with accrued interest on filing of such undertaking. Copy of the undertaking also be filed in the present First Appeal.

4.

With this, application stands disposed of.

(KISHORE C. SANT, J.) Umesh