The Oriental Insurance Co. Ltd,. v. Pandurang Budho Gaonkar And 4 ORS.,

230-FA 151-12.DOC Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.151 OF 2012 THE ORIENTAL INSURANCE CO. LTD ... Appellant

Versus

PANDURANG BUDHO GAONKAR AND 4 ORS.

...Respondents

Mr. E. Afonso, Advocate for the Appellant.

CORAM:

M. S. SONAK, J DATED:

17th September 2021 P.C.

1.

Mr. Afonso, learned counsel for the Appellant based on instructions seeks leave to withdraw this appeal. Accordingly, leave is granted and the appeal is disposed of as withdrawn. 2.

Mr. Afonso submits that at the time of grant of interim relief, the Appellant has deposited awarded amount before this Court. However, Mr. Afonso states that it is possible that some excess deposit may have been made. He submits that the claimants can always be granted liberty to withdraw the amounts in terms of the impugned award but if there is some excess deposit, then, same may be directed to be refunded to the Appellant along with proportionate interest.

th September 2021

230-FA 151-12.DOC 3.

Accordingly, it is directed that the amount in terms of the award along with proportionate interest thereon is to be paid to the claimants. If after making such payment, any amount actually remains, then, the same is to be refunded to the Appellant -Insurance Company together with proportionate interest. 4.

Registry to send notice to the claimants i.e. Respondent Nos.1, 2 and 3 so that they can receive the compensation due to them under the impugned award at the earliest. M. S. SONAK, J.

Date: 2021.09.17 18:58:24 +05'30'

TARI AMRUT NAGESH th September 2021