Ushatai Satish Shinde And ORS v. The New India Assurance Co. Ltd., Thr Divisional Manager, Aurangabad And ANR

{1} ca10917-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10917 OF 2023 IN FIRST APPEAL NO. 836 OF 2013 Ushatai Satish Shinde and Others APPLICANTS

VERSUS

The New India Assurance Company Limited Thru Divisional Manager, Aurangabad and Another RESPONDENTS .......

Mr. Fayaz Patel h/f Mr. R.P. Adgaonkar, Advocate for applicants Mr. M.R. Deshmukh, Advocate for respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st SEPTEMBER, 2023 ORDER :

1.

This application is filed by the claimants for withdrawal of death claim compensation amount granted under Workmen's Compensation Act.

2.

The First Appeal is admitted in the year 2014 and considering the pendency of first appeals for final hearing, since 1993, the First Appeal is not likely to be taken up for final hearing in the near future.

3.

In that view of the matter and considering the plight of the applicants, though learned advocate for the Insurance Company

{2} ca10917-23.doc has vehemently opposed the prayer for withdrawal of amount, the application is allowed in terms of prayer clause "2". The applicants are permitted to withdraw the amount on furnishing undertaking.

[NITIN B. SURYAWANSHI] JUDGE drp/ca10917-23.doc