Vanita Chindhu Madhe And ORS v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And Others

1 927-ca-1950-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1950 OF 2021 IN FIRST APPEAL (ST) NO.12034 OF 2020 Vanita Chindu Madhe and others ... Applicants

Versus

The New India Assurance Co. Ltd. and others ... Respondents ....

Mr. V. Y. Bhide, Advocate for the applicants Mr. M. M. Ambhore, Advocate for respondent No.1 Mr. S. S. Dixit, Advocate for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 02nd MARCH, 2021 PER COURT :- .

Heard.

2.

The respondent No.1-insurer has deposited the amount of compensation in this Court in response to the award passed by the Trbunal. The applicants have filed this civil application for withdrawal of the said amount.

3.

Learned counsel for the applicants submits that applicant No.1 is the widow, applicant Nos. 2 and 3 are the daughters and applicant No.4 is the son of the deceased Chindu Kalu Madhe. The deceased was the earning member of the family.

2 927-ca-1950-2021.doc 4.

Learned Advocate for respondent No.1 - insurance company opposed to grant the application.

5.

Perused the impugned award.

Since the breadwinner of the family is no more, it would be desirable to allow the applicants to withdraw 75% of the amount of compensation deposited in this Court, equally. 6.

Out of the amount of compensation deposited in this Court, 75% amount be paid equally to all the applicants on their furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

7.

Civil application is accordingly disposed of. [ R. G. AVACHAT, J. ] SMS