The Oriental Insurance Co. Ltd., Chandrapur Branch, Thr. Regional Manager v. Smt. Kusum Wd/O. Manohar Donge And Others

FA1082-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1082/2018 (THE ORIENTAL INSURANCE CO. LTD. CHANDRAPUR VERSUS KUSUM MANOHAR DONGE & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, counsel for the appellant.

Shri P.R. Agrawal, counsel for the R-1 to 5.

CORAM : A.S. CHANDURKAR, J.

DATE : OCTOBER 23 , 2018.

Heard. ADMIT. Call for Record & Proceedings. Shri P.R. Agrawal, learned counsel, waives notice on hearing on behalf of respondent nos.1 to 5.

C.A.F. NO. 4146/2016.

As the applicant has deposited the entire amount of compensation as awarded by the Claims Tribunal, the execution of the impugned award shall remain stayed during pendency of the appeal.

C.A.F. NO. 4787/2017.

The original claimants seek permission to withdraw the amount of compensation as deposited by the appellant pursuant to the award passed by the Claims Tribunal.

In the application, it is stated that the applicant no.2 is presently unemployed having no source of income. Applicant no.3 who is the daughter is pursuing her education. Applicant no.5 is the mother of the deceased. It is thus prayed that the entire amount as deposited be permitted to be withdrawn. The prayer is opposed by the learned counsel for the original appellant on the ground that the compensation granted is on higher side and without any legal justification.

FA1082-18 Perused the impugned judgment. For the present, the applicants are permitted to withdraw 50% of the amount of compensation deposited by the appellant on filing an undertaking that in case the appeal is allowed that amount shall be repaid with interest at such rate the Court may direct. From the amount that has been permitted to be withdrawn, Rupees Three Lakhs be paid to the applicant no.5-Mother of the deceased. Remaining amount be paid to the applicant no.1.

Civil Application is allowed in aforesaid terms and disposed of.

JUDGE APTE