Divisional Manager, Oriental Insu. Co. Ltd., Thr. T.P. Hub, Represented By Regional Manager, Nagpur v. Smt. Mangala W/O Dilip Wagh And Others
19 CAF-1006-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.1006 OF 2023 IN FIRST APPEAL NO.163 OF 2022 [The Divisional Manager ..V/s.. Smt. Mangala W/o Dilip Wagh and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms M. Naik, Advocate for Applicant/Appellant. Ms M. H. Pathade, Advocate for Respondent Nos.1 and 2. CORAM : URMILA JOSHI-PHALKE , J.
DATE : 10 th APRIL, 3 .
.
Present application is by the respondent Nos.1 and 2 for seeking permission for withdrawal of the amount. 2.
As per the contention of the claimants, respondent No.1 is the widow and respondent No.2 is the son of the deceased. Though, compensation is awarded in favour of the respondents, they have not received the amount of compensation. Respondent No.1 has lost her husband and she has no source of income. 3.
The said application is strongly opposed by Ms Naik, learned Advocate appearing for applicant/appellant on the ground that the appeal is filed on the basis that the learned Tribunal has not considered the contributory negligence of the deceased, and therefore, the application deserves to be rejected. 4.
Heard both the sides. Perused the application. In view of the reasons mentioned in the application and considering the objection raised, at this stage, it will be appropriate to permit the respondent Nos.1 and 2 to withdraw the 50% of the amount of compensation on usual undertaking.
TAMBE
19 CAF-1006-2023 5.
The amount be disbursed to respondent Nos.1 and 2 alongwith accrued interest on due identification and verification. 6.
Civil application is disposed of.
F IRST APPEAL NO.163 OF 2022.
7.
Stand over after vacation.
JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE