Sandhya Narayan Kadam And ORS v. Sunita Anantrao Pawar And ORS

2024:BHC-AUG:14073

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO. 5967 OF 2024 IN FAST/4906/2020 SANDHYA NARAYAN KADAM AND ORS

VERSUS

SUNITA ANANTRAO PAWAR AND ORS .....

Advocate for Applicants : Mr. Nagarkar Kiran M. Advocate for Respondent 2 : Mr. S.R. Bagul .....

CORAM

: KISHORE C. SANT, J.

Dated : July 10, 2024 PER COURT :- 1.

Heard. This application is by the original claimants for withdrawal of amount of compensation deposited in this Court by the appellant. 2.

The learned advocate for the Insurance Company/appellant opposes the application, stating that in the appeal, main ground taken is of contributory negligence and about the income of the deceased. The amount as directed by the learned Member, MACT is deposited in this Court. 3.

Considering the grounds involved, this Court is inclined to allow the application partly. Hence, the following order.

ORDER

(i) Applicants are allowed to withdraw 50% of the amount deposited by the appellant in this Court along with the accrued interest on furnishing undertaking that in case appeal is allowed, they shall redeposit the amount in this Court along with interest within 12 weeks thereafter. The application is allowed and is disposed of. ( KISHORE C. SANT, J. ) ssc/