Nilofer Sayyed Salim And ORS v. Natioal Insurance Company Ltd., Thr Its Branch Manager, Nanded And ANR

1 913-CA-11954-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11954 OF 2018 IN FA/3111/2017 NILOFER SAYYED SALIM AND ORS

VERSUS

NATIOAL INSURANCE COMPANY LTD., THR ITS BRANCH MANAGER, NANDED AND ANR ...

Advocate for Applicants : Mr. S. S. Deshmukh Advocate for Respondent No.1 : Mr. S. N. Pagare ...

CORAM : SUNIL K. KOTWAL, J.

DATED : 10th OCTOBER, 2018.

ORDER :- Heard learned counsel for applicant and learned counsel for respondent-Insurance Company.

2.

After going through the Award, it emerges that compensation amount of Rs.20,25,000/- (Rs. Twenty Lakhs Twenty Five Thousands Only) is awarded. Out of this compensation, amount of Rs.10,00,000/- (Rs. Ten Lakhs Only) is to be invested in Fixed Deposit Receipts account in the name of two minor claimants. Therefore, amount of Rs.10,25,000/- (Rs. Ten Lakhs Twenty Five Thousand Only) is open for withdrawal; Out of this amount, amount of Rs.5,00,000/- (Rs. Five Lakhs Only) is already withdrawn by the applicants. 3.

However, considering the need of applicants and reasons mentioned in the application, permission is granted to the applicants to withdraw amount of Rs.3,00,000/- (Rs. Three Lakhs Only) out of remaining deposited compensation amount in this Court, subject to filing written undertaking in the First Appeal to the effect that they would refund withdrawn amount, as and when directed by this Court. Undertaking shall be filed within four (4) weeks from the date of this Order. Registrar (Judicial) to act accordingly. 4.

Civil Application is allowed and disposed of in above terms. [ SUNIL K. KOTWAL ] JUDGE rrd.