The Oriental Insurance Co. Ltd. Thr. The Reg. Manager v. Mrs. Mansi W/O Ajay Mohkar And 2 ORS

caf946.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.946 OF 2015 IN FIRST APPEAL NO.972 OF 2012 The Oriental Insurance Co. Ltd., Yavatmal Branch, thr the Regional Manager, Nagpur ..vs..

Mrs. Mansi w/o Ajhay Mohkar ....................................................................................................................................................... .......

Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... .......

Shri Bharat Vora, counsel for applicant / R-1. Shri D.N. Kukday, counsel for the non-applicant/ appellant.

CORAM : A. S. CHANDURKAR, J.

DATED : APRIL 20, 2015 Heard.

Prayer is to permit applicant / respondent No.1 to withdraw the amount of compensation deposited by the non-applicant / appellant - Insurance Company. The civil application is opposed on behalf of the non-applicant / appellant on the ground that applicant / respondent No.1 was not dependent on the deceased and hence, the award of maintenance in her favour cannot be sustained.

Considering the nature of evidence on record, applicant / respondent No.1 is permitted withdraw amount of Rs.,1,00,000/- (Rupees One Lac Only) subject to her furnishing an undertaking that in case the appeal is allowed,

caf946.15 the aforesaid amount shall be re-paid with interest accrued thereupon at such a rate the Court may then direct. The civil application is allowed and disposed of accordingly.

JUDGE !! BRW !!