The New India Assurance Company Lid. Thr. Branch Manager, Presently Thr. Chief Regional Manager v. Smt. Vandana Wd/O Sanjay Mohitkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 735 of 2017 IN First Appeal No.13 of 2016 [The New India Assurance Co. Ltd. Vs. Smt. Vandana Sanjay Mohitkar & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.R. Agrawal, Adv., for applicants - respondent nos. 1 to 5. Mr. Gautam Chatterjee, Adv., for the appellant. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

24th February, 2017 By this application, the claimants seek permission to withdraw the amount of compensation deposited by the appellant.

The application is opposed by the learned counsel for the appellant on the ground that the Salary Certificate of the deceased was not duly proved and the income from agricultural land has not been accepted. It is submitted that the compensation has been awarded on a higher side.

Perused the judgment of the Claims Tribunal.

In the facts of the case, the claimants are

permitted to withdraw amount of Rs.7,50,000-00 [rupees seven lakhs fifty thousand only] on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Remaining amount shall be invested in a Fixed Deposit.

Civil Application is disposed of.

Judge |hedau|