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Bombay High CourtMCA/294/2019disposed of

Fatimabi Allabakash Kabbur., v. Reliance General Insurance Company Ltd.,

2019-04-26Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 294 OF 2019 IN FIRST APPEAL NO. 127 OF 2018 FATIMABI ALLABAKASH KABBUR., ... Applicant

Versus

RELIANCE GENERAL INSURANCE COMPANY LTD., ... Respondent Adv. Preetam Talaulikar for the Applicant.

Adv. Ms. Gauri Borkar holding for Adv. Suraj Rohidas Naik for the Respondent.

Coram:- C. V. BHADANG, J.

Date:- 26th April 2019 P.C.:

This is an application for withdrawal of 50% of the amount compensation deposited, by the respondent, (original appellant). The applicant is the sole claimant, who is the widow of the deceased. The Tribunal has awarded Rs. 13,44,145/- along with interest at the rate of 9% p.a from the date of filing of the petition till realization.

2. The learned counsel for the respondent states that in the event this court allows withdrawal of part of the compensation, the interest of the respondent be secured by directing the applicant to furnish an undertaking, to bring back the amount, if so ordered

MCA/294/2019 by this Court.

3. In the result the following order is passed: ORDER:

(i) The applicant is permitted to withdraw an amount of Rs.6,75,000/- (Rupees Six lakhs seventy five thousand only) subject to furnishing the usual undertaking,before the Registrar (Judicial) of this Court).

(ii) The civil application is disposed off.

C. V. BHADANG, J.

ap/-