Executive Engineer, Lower Wardha Project Division, Wardha v. Arvind Bhimrao Ithape (Dead), Thr. Lrs. Chhaya Arvind Ithape And Others

935-CAO-274-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.274 OF 2017 IN CIVIL APPLCIATION (CAF) NO.2262 OF 2016 IN FIRST APPEAL ST. NO.4915 OF 2016 Shriram General Insurance Co. Ltd. Thr. Its Branch Manager, Jaipur Rajasthan, Thr. Authorised signatory, Shraddha House, Kingsway, Nagpur.

-vs- Rameshwar s/o Mahadev Pachade and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. N. Khadgi, Advocate for appellant/applicant. Shri U. J. Deshpande, Advocate for respondent Nos.1 & 2. CORAM : A.S.CHANDURKAR, J.

DATE : February 28, 2017 Considering reasons mentioned in the application, the same is allowed. The applicant is permitted to have the notices of non-applicant Nos.3 and 4 published in daily newspaper 'Lokmat' circulated in district of Nagpur. Notice is made returnable on 04/04/2017. Applicant to take necessary steps in that regard.

Civil application is disposed of.

C.A.F. No.4149 of 2016 The claimants seek permission to withdraw the amount of compensation.

The application is opposed by the learned counsel for the appellant on the ground that the Claims Tribunal has taken into consideration the income of the deceased on a higher side.

935-CAO-274-17 2/2 Perused the impugned judgment. In the facts of the case, the claimants are permitted to withdraw an amount of Rs.4,00,000/- on filing undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Remaining amount shall remain invested in Fixed Deposit.

Civil application is disposed of.

JUDGE Asmita