New India Assurance Co. Ltd. Nagpur Through Branch Manager, Chandrapur v. Smt. Kanta Wd/O Suryabhan Markande And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No.3003 of 2016 IN First Appeal No.905 of 2015 [New India Assurance Co. Ltd. Vs. Smt. Kanta Suryabhan Markande & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. T. J. Patil, Adv., for applicants - respondent nos. 1 to 3. Mr. A.W. Paunikar, Adv., for the appellant.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

15th March, 2017 Prayer is to permit the claimants to withdraw the amount of compensation.

The application is opposed by the learned counsel for the appellant on the ground that the compensation awarded is on a higher side.

Perused the impugned judgment. Considering the nature of evidence on record, the claimants are permitted to withdraw an amount of Rs.10,00,000-00 [rupees ten lakhs only] subject to filing an undertaking

that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. The remaining amount shall remain invested in a fixed deposit.

Civil Application is disposed of.

Judge |hedau|