The New India Assurance Co. Ltd. Nagpur Through Its Divisional Manager, Akola v. Smt. Shahenaz Banu Wd/O Syed Taher Ali And Others

caf 2230.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2230 OF 2019 in FIRST APPEAL (FA) NO. 869 OF 2018 [The New India Assurance Co. Ltd. Vs. Smt. Shahenaz Banu Wd/o. Syed Taher Ali] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri M. B. Joshi, Advocate for the appellant Shri P.S. Gawai, Advocate for respondent nos. 1 to 7. CORAM : M. G. GIRATKAR, J.

DATE : 19/07/2019 Heard learned Advocate Shri Gawai for the respondent nos. 1 to 7.

The application is strongly opposed by learned Advocate Shri Joshi, on the ground that except respondent no. 1 other respondents are not dependents. It is to be decided by the MACT about entitlement of the amount of compensation to the respondents.

The amount of compensation of Rs.5,52,498/- is deposited by the appellant before this Court. Looking to the grounds mentioned in the application, the application is allowed. Respondent nos. 1 to 7 are permitted to withdraw 50% amount of compensation deposited before this Court on furnishing usual undertaking. Balance amount be kept in fixed deposit for a period of one year.

The application is disposed of.

JUDGE SMGate