The Oriental Insurance Co. Ltd., Akola Thr. Its Regional Manager, Nagpur v. Smt. Shilabai Wd/O Harishchandra Jadhao And Others

5caf 4030.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1430/2022 IN FIRST APPEAL (FA) NO. 153/2020 THE ORIENTAL INSURANCE CO. LTD.

..VS..

SMT. SHILABAI WD/O HARISHCHANDRA JADHAO AND OTHERS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri C.A. Anthony, Advocate for appellant/non-applicant CORAM : NITIN W. SAMBRE, J.

DATED : 29/08/2022 None for the claimants/applicants.

This is an application taken out by the claimants for permission to withdraw the amount of compensation. The prayer is strenuously resisted by the learned Counsel for the appellant - Insurance Company as according to him the license was duly exhibited which demonstrates that the claimants are not entitled for entire amount of compensation.

I have appreciated the said submission.

It appears that the appellant - Insurance Company has not examined any witness in support of its contentions raised in written statement (Exh. 25). As the appellant - Insurance Company has failed to discharge its burden, in my opinion, the prayer of the claimants for withdrawal of the amount needs to be granted. That being so, the civil application stand allowed. The claimants are permitted to withdraw amount of compensation subject to furnishing an usual undertaking that in SMGate

5caf 4030.2022.odt case, the Appeal is allowed, the amount shall be redeposited as shall be directed.

(NITIN W. SAMBRE, J.) Digitally signed by SANDIP MAHADEV GATE Date:

2022.09.03 11:16:10 +0530 SANDIP MAHADEV GATE SMGate