Bombay High CourtCA/631/2024admittedallowedgrantedrule absolute

Shama Salim Choudhari And ORS v. United India Insurance Co Ltd And ORS

2024-06-25Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:12078 ( 1 ) ca631.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 631 OF 2024 IN FAST/16100/2023 SHAMA SALIM CHOUDHARI AND ORS

VERSUS

UNITED INDIA INSURANCE CO LTD AND ORS Mr.S.D. Jaybhar, Advocate for the applicants. Mr.S.S. Rathi, Advocate for respondent No.1.

CORAM

: KISHORE C. SANT, J.

DATED : 25.06.2024 PC :- 01.

This Court has already considered application for stay. The appellant has deposited 50% of the amount of award with interest in this Court. Considering that the claimants have succeeded before the MACT, it would not be proper to deprive them of the amount of compensation. The ends of justice would meet by following order :- (i) The civil application is allowed.

(ii) The applicants-claimants are entitled to withdraw entire amount deposited in this Court with interest, on condition of filing usual undertaking that in-case the appeal is allowed, the applicants-claimants shall re-deposit the amount with interest in this Court within 12 weeks from the date of such order. [KISHORE C. SANT, J.] snk/2024/JUNE24/ca631.24