National Insurance Co. Ltd. Through Divisional Manager Amravati v. Gopal S/O Madhukarrao Kale And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2464 OF 2018 IN FIRST APPEAL NO.841 OF 2015 National Insurance Com. Ltd. Warora, Thr. Divisional Manager, Amravati -vsGopal s/o Madhukarrao Kale and ors.

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

or directions and Registrar's orders.

Shri H. N. Verma, Advocate for appellant.

Shri P. R. Agrawal, Advocate for respondent No.1/applicant.

CORAM : A.S.CHANDURKAR, J.

DATE : March 04, 2019 Prayer is to permit the claimant to withdraw the amount of compensation as awarded.

The application is opposed by the learned counsel for the appellant on the ground that necessary evidence has not been led by the claimant.

Perused the impugned judgment. Considering the nature of evidence on record the claimant is permitted to withdraw 25% of the amount of compensation as deposited subject to filing an undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. The remaining amount shall be invested in Fixed Deposit. Civil application is allowed and disposed of. JUDGE

4-FA-841-15 2/2 Asmita