The New India Assurance Co. Ltd., Thr. Its Regional Manager, Nagpur v. Farjana Bee Wd/O Shaikh Khalil And Others

914caf2525.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 123/2019 IN CIVIL APPLICATION (CAF) NO.2525/2018 IN FIRST APPEAL STAMP NO. 13397/2018 The New India Assurance Co. Ltd., through its Regional Manager, Nagpur. V/s Farjana Bee wd/o Shaikh Khalil and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Sandeep Marathe, counsel for the applicant/appellant. Shri G.L. Agrawal, counsel h/f Shri D.S. Khushalani, counsel for the nonapplicant/respondent No.1. CORAM: ARUN D. UPADHYE , J.

DATE: 18-01-2019.

Heard learned counsel for the parties.

Perused the application. It is submitted that the respondent No.2- [father of the deceased] has died, and therefore, only respondent No.1 is entitled for the amount of compensation. Learned counsel for the appellant has submitted that atleast 50% of amount be permitted to be withdrawn.

I am of the view that the respondent No.1 could be permitted to withdraw the 50% amount deposited in the Court by filing usual undertaking. The respondent No.1 is permitted to withdraw the 50% amount by furnishing usual undertaking to that effect.

Civil Application is allowed.

JUDGE rkn