National Insurance Co.Ltd. Thr.Div.Manager v. Deorao Kisan Yengal (Dead) Through Lrs Dilip S/O Deorao Yengal, And Another

43-CAF-737-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.737 OF 2015 IN FIRST APPEAL NO.508 OF 2003 National Insurance Company Ltd. Nagpur.

-vsShri Deorao S/o Kisan Yengal & Ors.

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

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------ Shri D. N. Kukday, Advocate for appellant.

Shri D. U. Thakare, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 06, 2015 Prayer is to permit the non-applicants to withdraw the amount of compensation deposited by the appellant. It is stated that the respondents are facing financial crisis and hence are in need of aforesaid amounts. Application is opposed by the learned counsel for the appellant on the ground that amount of Rs.2,15,000/- was already withdrawn by the respondents and hence no further withdrawal be permitted. Prima facie, considering the findings recorded by the Claims Tribunal, the respondents are permitted to withdraw an amount of Rs.1,00,000/- from the amount of compensation deposited by the appellant subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial). C.A. is allowed in aforesaid terms and disposed of. F.A. No.508 of 2003.

In view of the reference made to a larger bench regarding applying the appropriate multiplier and said issue being still pending, S.O. after vacation.

JUDGE Asmita