Oriental Insurance Co. Ltd. Thr. Its Divisional Manager v. Sau. Rajkanya W/O Sanjay Wadekar And Oths

1406 FA 276-2012 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF NO. 2287/2017 IN FIRST APPEAL No. 276/2012 ORIENTAL INSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER, AKOLA -vs- SAU. RAJKANYA SANJAY WADEKAR AND OTHERS.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

None present for appellant.

Shri P.R. Agrawal, counsel for respondent nos.1 & 2. CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 14, 2017 This is an application for withdrawal of the amount of compensation. The applicant/respondent nos.1 and 2 are the original claimants. They are the parent of the deceased.

It is submitted that they need the amount of compensation for the purpose of their livelihood and they are ready to furnish undertaking to the court of returning the amount with interest if the decision of the appeal goes against them.

The learned counsel for the appellant is absent when called out.

Considering the need of the applicants, the applicant nos.1 and 2, the original claimants are permitted to withdraw the entire amount of compensation, which is to the tune of Rs.1,87,792/- subject to condition of furnishing usual undertaking that they will return the entire amount of compensation with

1406 FA 276-2012 2/2 interest if the decision goes against them and also subject to condition of furnishing solvent surety for 50% amount, to the satisfaction of the Tribunal.

The application is disposed of accordingly.

JUDGE Yenurkar