The Divisional Manager National Insurance Company Ltd., Nagpur v. Yashwanti Wd/O. Punam Netam And Others

2010.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION NO.2010 OF 2017 IN FIRST APPEAL NO.1022 OF 2016 The Divisional Manager, National Insurance Co.Ltd., Nagpur ..Appellant

Versus

Yashwanti wd/o Punam Netam and ors.

..Respondents Mr C.A. Anthony, Advocate for appellant Ms M.H. Pathade, Advocate for respondents no.1 to 3-claimants Mr R.B. Puranik, Advocate for respondent no.4 CORAM : N.W. SAMBRE, J.

DATE : 5th MAY, 2017 ORAL ORDER :

1.

This is an application for withdrawal of amount.

2.

Having heard respective Counsel, learned Counsel for the appellant has strongly opposed the prayer for withdrawal, as according to him, there is breach of policy condition and the driver was not holding valid driving licence.

3.

The Commissioner under Workmen's Compensation Act has relied upon the judgment of the Apex Court, in the matter of National Insurance Co.Ltd., Vs. Swaran Singh and ors., reported in AIR 2004 SC 1531.

2010.17ca (2) 4.

In view thereof, claimants are permitted to withdraw 80% of the amount deposited in this Court, upon furnishing usual undertaking to the satisfaction of Registrar (Judicial).

5.

Civil Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe