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Bombay High CourtIA/6981/2024disposed off

Smt. Sumati Suresh Sawant And ORS. v. Bharti Axa General Insurance Co. Ltd.

2024-07-29Hon'Ble Shri Justice Arun R. Pedneker2 pages

S.S.Kilaje 33-IA-6981-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6981 OF 2024 (withdrawal) IN FIRST APPEAL STAMP NO. 13598 OF 2019 Sumati Suresh Sawant and Ors.

... Applicants

IN THE MATTER OF :

Bharti Axa General Insurance Co. Ltd.

... Appellant

Versus

Sumati Suresh Sawant and Ors.

... Respondents ..............

Mr. S. R. Gupta, Advocate for the Applicant and for Respondent Nos. 1 to 3 in F.A.(St.)/13598/2019.

Mr. D. S. Joshi, Advocate for the Appellant in F.A.(St.)/13598/2019.

CORAM

: ARUN R. PEDNEKER, J.

DATED : 29th JULY, 2024.

P.C. :

1.

The appeal is filed on the ground of quantum of compensation. 2.

In the instant case, the income of the deceased is considered @ Rs.14,402/- per month. Admittedly, salary slip of the deceased employee is placed on record and the employer is also examined. In view of the same, I permit the applicant to withdraw 60% of the amount deposited before the Tribunal along with accrued interest thereon till date (including earlier Rs. 9 lakh already withdrawn) subject to filing of usual undertaking to the satisfaction of the Presiding Officer of the Tribunal. 1/2

S.S.Kilaje 33-IA-6981-24.doc 3.

The Interim Application No. 6981 of 2024 is disposed of. 4.

The appeal is admitted.

5.

Mr. Gupta waives service for Respondent Nos. 1 to 3. ( ARUN R. PEDNEKER, J.) by SONALI SATISH KILAJE Date:

2024.07.31 11:00:48 +0700 SONALI SATISH KILAJE 2/2