Nagu Babu Kekan v. Surjeetsingh Bhatiya Tirathsingh Bhatiya And Another

918.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 13057 OF 2017 IN FA/3230/2015 NAGU BABU KEKAN

VERSUS

SURJEETSINGH BHATIYA TIRATHSINGH BHATIYA AND ANOTHER ...

Advocate for Applicant : Mr.Bangar Nilkanth P. Advocate for Respondent No.2 : Mr. A. B. Gatne

CORAM

: K. L. WADANE, J.

DATE :

12th October, 2017 ORDER:

1.

Learned counsel for the applicant submits that the copy of the Civil application is already served upon the applicant no.2, National Insurance Company. 2.

Heard the learned counsel for the applicant and learned counsel for the respondent no.2 Insurance Company.

3.

The present application is filed by the applicant seeking permission to withdraw the amount of compensation deposited in this Court. On perusal of the record, it appears that the learned M.A.C.T., Beed awarded compensation to the applicant to the extent of Rs.2,27,400/- along-with interest @ 7.5%. The order of the MACT has been assailed in first appeal No. 3230/2015 and by the judgment and order dated 1/2

918.odt 14.06.2017, this Court has enhanced the amount of compensation to Rs.9,07,782/- together with interest @ 9% per annum. The learned counsel for the applicant further submits that as per the order of this Court, the respondent Insurance Company has deposited the amount of compensation in this court alongwith accrued interest. Hence, the civil application is allowed. 4.

The applicant/original claimant is permitted to withdraw the amount of compensation deposited in this Court with accrued interest. Civil application disposed of.

(K. L. WADANE, J.) JPC 2/2