The Cholamandalam M.S. Gen. Insu. Co. Ltd. Nagpur, Thr Br. Managar, Tumsar, Bhandara v. Durga @ Sheela Wd/O Dharamraj Baraskar And Others

49-fa-179-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 4 of 2024 in First Appeal No. 179 of 2024 The Cholamandalam M.S. General Insurance Company Limited, Nagpur through Branch Manager, Tumsar, Bhandara

Versus

Durga @ Sheela Wd/o Dharamraj Baraskar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs. Mrunal Naik, Advocate for the appellant. Shri S.R.Burade, Advocate h/f Shri C.B.Bailmare, Advocate for the respondent nos. 1 to 5 and 7.

CORAM : NITIN B. SURYAWANSHI & PRAVIN S. PATIL, JJ.

DATED : 25th FEBRUARY, 2025.

Heard.

2.

This application is filed by claimants for withdrawal of compensation amount deposited by the Insurance Company. Applicants/claimants pray for withdrawal of 50% of deposited amount. 3.

Learned advocate for appellant/Insurance Company strenuously opposed the application stating that appeal is filed SKNair

49-fa-179-24.odt challenging the higher quantum awarded by the Tribunal. According to her, claimants are entitled only for Rs.11,43,000/-. However, the Tribunal has awarded excessive amount of Rs.58,46,000/-. 4.

Accident has taken place in the year 2019 and claimants have not received any amount, since then. In this view of the matter, we allow the application and permit applicants to withdraw half of the amount deposited by appellant, along with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial).

[PRAVIN S. PATIL, J.] [NITIN B. SURYAWANSHI, J.] SKNair