National Insurance Company Limited, Through Its Divisional Manager v. Smt. Sunanda Wd/O Pandharinath Chafale And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 4029 of 2016 IN First Appeal No.730 of 2016 [National Insurance Co. Ltd. Vs. Sunanda Pandharinath Chafale & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.R. Agrawal, Adv., for the applicants - respondent nos. 1,4 and 5.

Mr. A.W. Paunikar, Adv., for the appellant.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

15th March, 2017 The respondent no.1 seeks permission to withdraw the amount of compensation deposited by the appellant.

The prayer is opposed by the learned counsel for the appellant, on the ground that compensation has been granted on a higher side.

Perused the impugned judgment. Considering the nature of evidence on record, the respondent no.1 is permitted to withdraw fifty per cent of the amount of

compensation 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 remain invested in a Fixed Deposit.

Civil Application is disposed of.

Judge |hedau|