Sakharbai Laxman Kusalkar And ORS v. The New India Assurance Co. Ltd., Thr Its Manager, And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.611 OF 2019 IN FIRST APPEAL (STAMP) NO.29231 OF 2018 (Sakharbai Laxman Kusalkar and others Vs. The New India Assurance Co. Ltd., through its Manager and another) ---- Mr. Amol S. Gandhi, Advocate for the applicants Mr. S.R. Bodade, Advocate for respondent No.1 ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

5nd APRIL, 2019 ORDER :

Heard learned counsel for the applicants and learned counsel for respondent No.1 - insurer. 2.

I have gone through the impugned award. Though learned counsel for the insurer argued on certain infirmities in the judgment passed by the Tribunal, at this premature stage, I refrain from expressing my opinion on merits. However, considering nature of the application and the judgment and award, it is desirable to allow the applicants to withdraw 75% of the compensation amount with proportionate accrued interest thereon, deposited by the Insurance

ca611-2019 Company in the Court, subject to condition that applicants shall file written undertaking to refund the withdrawn amount as and when directed by this Court within a period of eight weeks from the date of passing of this order. Out of the withdrawn amount, 10% each shall be paid to applicant Nos.2 and 3 and 80% shall be paid to applicant No.1, by separate account payee cheques in their respective names. The balance 25% amount be invested in fixed deposit in any nationalized bank till final disposal of the First Appeal. The Civil Application is accordingly allowed and disposed of. [SUNIL K. KOTWAL] JUDGE npj/ca611-2019