Syed Arifuddin Quadri Syed Habibuddin Quadri And ANR v. The New India Assurance Company Ltd Through Its Branch Manager And ORS

2024:BHC-AUG:2584 25-CA-13373-23-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13373 OF 2023 IN FAST/29036/2022 SYED ARIFUDDIN QUADRI SYED HABIBUDDIN QUADRI AND ANOTHER

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Applicants : Mr. Pramod C. Mayure Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar ...

CORAM : S. G. MEHARE, J.

DATE : 02-02-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1/appellant.

2.

The appellant/insurer has disputed the last drawn salary. It was the case of the insurer that there would be no such hike in the last drawn salary. His entire salary slips were not placed on record. Therefore, the compensation has gone high. 3.

The learned counsel for the applicant submits that the last drawn salary was correct. The deceased was serving with the school since 1996 as a Lab Technician. He had a pay scale and, therefore, his salary was correctly shown Rs.45,000/- per month. 4.

Considering the dispute over the last drawn salary, the following order is passed;

25-CA-13373-23-w.odt

ORDER

i) The application is partly allowed.

ii) The applicants are entitled to withdraw Rs.35,00,000/- from the amount deposited with accrued interest thereon. The said amount be disbursed as per the apportionment done by the learned Tribunal, with proportionate interest on furnishing an undertaking that they shall deposit money, if the judgment and award impugned is reversed.

iii) Remaining amount be invested in the fixed deposit in any Nationalized Bank till the disposal of the appeal, as per the rules.

( S. G. MEHARE ) JUDGE rrd