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Bombay High CourtCAF/160/2015admittedallwdgrantedrule absolute

National Insurance Co. Ltd. Thr. Its Branch Manager v. Smt. Neelam Sinha Wd/O Rabindrakumar Sinha And ORS

2015-02-02Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Mridula R. Bhatkar1 pages

FA652-12 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.160/2015 IN FIRST APPEAL NO. 652/2012 (NATIONAL INSURANCE COMPANY LTD. VERSUS NEELAM SINHA RABINDRAKUMAR SINHA & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.G. Anandikar, counsel for the R-1 & 2. CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.

DATE : FEBRUARY 2 , 2015 .

This is an application for direction to the appellant/non-applicant to deposit the entire compensation granted under the Award along with interest at the rate of 6% per annum from 17.12.2004 and for permission to the applicants to withdraw the same.

A perusal of the record reveals that the respondent nos.4 and 5, who are the father and mother of the deceased, have filed an affidavit before the learned Tribunal stating therein that they are not interested in the compensation and the same should be awarded to the applicants. A perusal of the application reveals that the amount of Rs.17,25,160/- is not challenged. In that view of the matter, we direct the appellant to deposit the entire compensation granted under the Award along with interest at the rate of 6% per annum from 17.12.2004, if not already deposited. On such deposit being made, the applicants are permitted to withdraw the same.

The civil application is allowed in the aforesaid terms and disposed of.

JUDGE JUDGE APTE