United India Insurance Co Ltd Divisional Officer v. Lalita Arun Yeole And Others

- 1 - 943 CIVIL APPLICATION NO. 1310 OF 2025 IN FAST/24672/2023 ....Applicants Mukesh Ram Nevaj & others Mr. A. S. Sawant, Advocate for Applicants, Mr. S. S. Rathi, Advocate for Respondent No. 3. This application is for withdrawal of amount of compensation deposited by appellant/insurance company. It is the contention of learned counsel for applicant/original claimants that the insurer has admitted claim to the extent of Rs. 65, 28,692/- and challenge is to the award passed by the Tribunal for granting compensation more than Rs. 65,28,692/-. Thus, it is his contention that there is no impediment in permitting the claimants to withdraw the said amount along with interest at the rate of 9% per annum.

- 2 - 3.

Learned counsel for insurer/appellant opposed the application on the ground that interest granted by the Tribunal at the rate of 9% per annum is on higher side.

4.

Since there is no dispute about the fact that claim upto Rs. 65,28,692/- is admitted by the insurer, there cannot be any impediment in permitting claimants to withdraw said amount. As far as interest at the rate of 9% per annum is concerned, at this stage, prima facie, this court does not find the same to be excessive. Hence, allowed to withdraw amount of Rs. 68,28,692/- along with interest at the rate of 9% annum with accrued interest thereon on fixed deposit. 5.

Application stands disposed of.

- 3 - 943 CIVIL APPLICATION NO. 10025 OF 2023 IN FAST/24672/2023 United India Insurance Co. Ltd.

....Applicant Mr. S. S. Rathi, Advocate for the applicant.

Mr. A. S. Swant, Advocate for Respondent Nos. 1 to 3. This application is filed for condonation of delay of 33 days occurred in filing appeal.

Learned counsel for respondents records no objection for condonation of delay.

3.

Hence, application is allowed. Delay stands condoned.

- 4 - 943 FIRST APPEAL ST. NO. 24672/2023 United India Insurance Co. Ltd.

....Appellant Mr. S. S. Rathi, Advocate for the appellant.

Mr. A. S. Swant, Advocate for Respondent Nos. 1 to 3. Call R & P.

Stand over to 09.04.2025.