Laxmibai Kacharu Pawar And ANR v. National Insurance Company Ltd.

1 CA 808 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 808 OF 2016 IN FA/571/2015 LAXMIBAI KACHARU PAWAR AND ANR

VERSUS

NATIONAL INSURANCE COMPANY LTD.

-------- Shri. Ashish B. Shinde, Advocate, for applicants. Shri. S.V. Kulkarni, Advocate, for respondent No.1. -------- CORAM: T.V. NALAWADE, J.

DATE : 23rd FEBRUARY 2016 ORDER:

1) The application is filed by original claimants for permission to withdraw the compensation amount. Learned counsel for the insurance company has strong objection. He submits that initially the insurance company was exonerated by the Tribunal but after filing review application the decision was reviewed and the insurance company is made liable to pay the compensation. It appears that RTO officer was examined to prove that on the date of the accident there was licence and it was valid upto 7-4-2024. In view of the circumstance and the

2 CA 808 of 2016 powers of the Tribunal this Court holds that permission needs to be granted to withdraw the amount. 2) In the result, the application is allowed. Permission is granted to withdraw the amount subject to giving of the undertaking. Disbursement is to be made as per the award of the Tribunal.

Sd/- (T.V. NALAWADE, J. ) rsl