Ujwala Anandrao Jadhav And Othrs v. New India Assurance Co. Ltd.

suresh 31-CAF-655.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.655 OF 2016 IN FIRST APPEAL NO.807 OF 2009 Smt. Ujwala Anandrao Jadhav & Others .... Applicants Vs.

The New India Assurance Co. Ltd.

& Other .... Respondents Mr. Abhijeet Kulkarni i/by Mr. Umesh Mankapure for the Applicants.

Ms Sucheta Ghaisas i/by Mr. Sandeep Jinsiwale for Respondent No.1­Insurance Company.

CORAM: MRS. MRIDULA BHATKAR, J.

DATE : FEBRUARY 24, 2016 P.C:

1.

This application is filed by the applicants/original claimants for withdrawal of the amount of compensation. Learned counsel for the applicants submits that applicant No.1 is the wife of the deceased, who was a rickshaw driver and who died in the accident on 9­8­2005. Applicant Nos.2 and 3 were minors when their father died. The learned counsel submits that applicant No.2­Yogita got married and for her marriage applicant No.1­widow had to borrow money from relatives. He

suresh 31-CAF-655.2016.doc further submits that compensation of Rs.3,69,500/­ was awarded by the Tribunal by its Judgment and Award dated 18­11­2008. He submits that the said amount may be allowed to be withdrawn. He also submits that by order dated 16­9­2010 an amount of Rs.75,000/­ only was allowed to be withdrawn. Learned counsel appearing for the Insurance Company vehemently opposes the same.

2.

In view of the submissions made by the learned counsel for the applicants, applicant No.1­widow and applicant No.2­Yogita are allowed to withdraw Rs.1,00,000/­ each on their furnishing usual undertaking to the satisfaction of the Tribunal.

3.

The application accordingly stands disposed of. (MRIDULA BHATKAR, J.)