New India Assurance Co. Ltd., Thr. Chief Regional Manager, Nagpur v. Vithal S/O Dasiba Nindekar And Others

2024:BHC-NAG:1013 6-CAF-3187-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 3187 OF 2023 IN FIRST APPEAL NO. 347 OF 2023 (The New India Assurance Co. Ltd. through Chief Regional Manager Vs. Vithal s/o Dasiba Nindekar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.W. Paunikar, Counsel for the appellant. Shri K.P. Mirache, Counsel for the applicants/respondent nos. 1 and 2.

.....

CORAM : ANIL L. PANSARE, J.

JANUARY 25, 2024.

Respondent nos. 1 and 2/original claimants are seeking permission to withdraw their share from the amount of compensation of Rs.1,02,73,090/- deposited by the appellant.

2] The learned Counsel for the appellant submits that 50% share may be granted.

3] Perused the impugned judgment and evidence. It will be appropriate at this stage to permit respondent nos. 1 and 2 (parents of the deceased), to withdraw 50% of their share in the compensation awarded to them upon furnishing an undertaking that in case the appeal is allowed, they shall redeposit the amount with interest at such rate the Court may direct. 4] The Civil Application is disposed of.

6-CAF-3187-2023 FIRST APPEAL NO. 347/2023 4] List the appeal after two weeks.

(ANIL L. PANSARE, J.) Sumit