The New India Assurance Company Ltd., Nagpur, Through Manager v. Rajendra M. S/O. Marudhapilai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAO] No.346 of 2017 IN Civil Application [CAF] No. 490 of 2016 IN First Appeal St. No.20079 of 2015 [The New India Assurance Co. Ltd. Vs. Rajendran Marudhapilai & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. M. H. Pathade, Adv., for the applicants - respondent nos. 2 to 4. Ms. Anita Mategaonkar, Adv., for the appellant. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

15th March, 2017 The claimants seek permission to withdraw the amount of compensation.

The application is opposed by the learned counsel for the appellant and it is submitted that instead of an amount of Rs.5,45,000-00, the Claims Tribunal has awarded an amount of Rs.9,61,000-00.

Considering the aforesaid and Ground No.3 raised in the Memorandum of Appeal, the claimants are permitted to withdraw an amount of Rs.5,45,000-00

[rupees five lakhs forty-five thousand only] on filing an undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. The remaining amount shall remain invested in a Fixed Deposit.

Civil Application is disposed of.

Judge |hedau|